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(영문) 수원지방법원 2015.03.11 2015노517
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The prosecutor and the defendant asserts that the summary of the grounds for appeal (claim of unreasonable sentencing by both parties) and the lower court’s imprisonment (three months of imprisonment) are too minor or unreasonable.

2. A favorable circumstance is that the Defendant appears to recognize and reflect his/her criminal act, and the Defendant paid interest to the victims several times, and the Defendant is an initial offender who has no record of criminal punishment.

However, the crime of this case is a case by which the defendant acquired a total of KRW 42 million from many victims, and the quality of the crime is inferior, the defendant did not receive a letter from the victims, and does not take any particular measures to recover damage, and in the case of the defendant, the recommended sentencing guidelines are more than one year but not more than two years and not more than two months (in the case of the defendant, the sentencing guidelines are more than two years and not more than two months (the aggravated area of the type 1 (less than KRW 100 million) and the sentencing conditions, such as the age-oriented environment of the defendant, are comprehensively examined, it is judged that the sentence of the court below is too unreasonable.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the prosecutor's appeal is with merit, and the following judgment is rendered again after pleading.

(1) As the Defendant’s assertion is without merit, the Defendant’s appeal shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act, or the Prosecutor’s appeal shall be accepted, and the judgment of the court below shall be reversed, and no separate order shall be indicated. The gist of criminal facts and evidence against the Defendant recognized by the court is the same as that of the corresponding column of the judgment of the court below. Thus, it shall be

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

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