사기미수
2017No4249 Attempted Fraud
A
Both parties
The difficulty of prosecution, and the conduct of a trial in the jurisdiction of the court;
Attorney P (National Ship)
Seoul Central District Court Decision 2017 Height5991 Decided October 31, 2017
January 25, 2018
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. Defendant
The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
(b) Prosecutors;
The sentence imposed by the court below on the defendant is too uneasible and unfair.
2. Determination
The crime of this case is an organized, planned, or intelligent crime, and thus requires strict punishment. The Defendant’s participation in the crime of this case, such as proposing H to play a responsibility for cash delivery and providing the Financial Supervisory Service documents, etc. to be used for the crime, is an unfavorable circumstance against the Defendant.
However, the fact that the defendant is recognized as committing the crime of this case, the crime of this case is committed in violation of the attempted attempt, the fact that the victim paid 5 million won as consolation money to the appellate court (the agreement attached to the statement of reasons for appeal as of December 27, 2017), and that there was no record of punishment for the same crime, etc. are favorable to the defendant.
In addition, in full view of the various circumstances, including the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, etc., the sentence of the lower court is somewhat unreasonable.
3. Conclusion
Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and the following is ruled again.
【Discretionary Judgment】
Criminal facts and summary of evidence
The summary of the facts constituting the crime recognized by this court and the evidence related thereto are as shown in each corresponding column 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 relevant to the facts constituting an offense and the selection of punishment;
Articles 352, 347(1), and 30 of the Criminal Act; Selection of imprisonment
Reasons for sentencing
The punishment shall be determined as per the Disposition in consideration of the various circumstances mentioned above.
The presiding judge, senior judge and senior judge
Judges Park Jong-ho
Judges Lee Jae-in