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(영문) 서울중앙지방법원 2013.04.24 2013노1033
사기등
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 7,000,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following circumstances: (a) the Defendant’s mistake was divided in depth; and (b) the Defendant did not want criminal punishment against the Defendant; (c) the Defendant did not have any criminal power; and (d) the Defendant did not have any criminal power; and (e) the Defendant’s age, character and conduct, family character and manners, motive and circumstance of the crime, and circumstances before and after the crime, etc., the imprisonment with labor sentenced by the first instance court seems to be too unreasonable.

3. According to the conclusion, the appeal by the defendant is accepted, and the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is to be rendered again after pleading.

The criminal facts and the summary of the evidence acknowledged by the court are the same as the judgment of the court of first instance, except for the addition of "a statement made by the defendant in this court" to the summary of the evidence in the judgment of the court of first instance. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1)(Fraud), 231(a) and 234, and 231(a) of the Criminal Act concerning criminal facts; 1. The choice of a fine for negligence on January 1, 200, respectively, under Articles 40 and 50(1)2 of the Criminal Act, each of the following: (a) the choice of a fine for concurrent crimes; and (b) Articles 37(1)2, 38(1)2, and 50 of the Criminal Act concerning concurrent crimes; and (c) Articles 70 and 69(2)1 of the Criminal Act concerning the custody of a workhouse; (b) Article 334(1) of the Provisional Payment Order.

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