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(영문) 서울동부지방법원 2018.01.26 2017노1631
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of one year and six months, which the court below decided against the defendant, is too unreasonable.

2. The criminal liability of the accused is light in light of the fact that the victim is a majority and the amount of fraud is not substantial, and that there are several records of punishment for the same kind of crime;

However, in light of the favorable circumstances such as the fact that the defendant is led to confession and reflect, the victims except the victim G do not want the punishment of the defendant, each crime of fraud and each of the crimes of this case stated before and after the judgment became final and conclusive by Article 37 of the Criminal Act, and the fact that the sentence should be imposed in consideration of equity with the case to be ruled at the same time, the sentence of the court below is somewhat unreasonable and unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by this court are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Applications for Compensation Orders (the scope of liability for damages of the defendant is not clear);

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