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(영문) 수원지방법원 2014.11.03 2014노5202
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been committed by forging a document, such as a systematic and planned lease contract, by acquiring a loan from a financial institution, and the nature of the crime is very poor in light of the methods and contents of the crime of this case, and the amount of fraud. However, when the defendant was judged to be a party, all of the crimes of this case were led to the judgment of the court below, which led to the confession of the crime of this case, reflects the depth of his mistake, and is in agreement with the only bank of the victim (branch of the model complex), and the victim revoked the complaint, and there is no criminal record and no penalty record exceeding the fine, and considering all the sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance after

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by the court are as follows: the last behavior "one bank account in the name of the victim" among the facts of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the first of the judgment below as "one bank account in the name of the defendant"; and the summary of the evidence as "the defendant's partial statement" in the summary of the evidence as "court statement in the trial of the defendant" is the same as the corresponding

Application of Statutes

1. Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 34 (1) and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty:

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