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(영문) 서울중앙지방법원 2013.05.30 2013노1006
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The summary of the grounds for appeal and the summary of the grounds for appeal of the defendant are too unreasonable that the sentence of the court below (two years of imprisonment) is too unreasonable. Although the defendant escaped during the judgment of the court below, the amount of damage of this case is relatively small and the victim now desires to be punished against the defendant, the defendant seems to be able to recognize and reflect his criminal act late later and later, the defendant paid KRW 100 million to the victim by the court below, and the defendant paid KRW 50 million to the court below, and additionally he paid KRW 50 million to the victim by the court below, and the defendant was subject to a prior conviction of the latter part of Article 37 of the Criminal Act, and at the same time received the judgment at the same time, the defendant's age, character and behavior and environment, motive, means and result of the crime, and circumstances after the crime, etc., the sentence of the court below is unreasonable.

2. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the defendant's appeal is reasonable.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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