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(영문) 전주지방법원 2013.09.27 2013노807
사기등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3.Provided, That this ruling has become final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is judged to be unfair in full view of the following circumstances: (a) the Defendant, as well as the victims, obtained money in a considerable amount of money from the victims several times; (b) the Defendant forged and uses Chapter 2 of the Real Estate Lease Contract in N, etc. to use for the crime of this case, and the nature and circumstances of the crime are very poor; (c) the Defendant has no record of being punished for the same crime; (d) the Defendant was aware of the crime of this case; and (e) the Defendant was seriously against the Defendant’s mistake; and (e) the Defendant agreed with the victims during the trial; and (e) the Defendant’s health status is very poor; and (e) other circumstances that are conditions for the sentencing of this case, including the Defendant’s age, character and conduct, environment

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 347 (1) of the Criminal Act (a point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);

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