beta
(영문) 서울남부지방법원 2015.12.18 2015노645

사기

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment for six months sentenced by the court below is too unreasonable in light of the circumstances such as the defendant's opposite nature, the benefits acquired in this case are only three million won, the primary offender, and the support for family.

In light of the circumstances such as ① a crime by which multiple persons conspired to make a false document, such as a certificate of employment, contract for lease, etc., and the fact that the crime is inferior to the quality of the crime, ② the fraud amount of this case reaches KRW 100,00,00,00, etc., the punishment imposed by the court below is unreasonable, considering the following: (i) the defendant confessions the crime and is in depth; (ii) the amount of profit acquired by the defendant in this case does not considerably fall short of the above fraud amount; (iii) the defendant deposits the entire amount for the victim; (iv) the defendant has no record of punishment; (iv) the defendant has no record of punishment; (iii) the defendant's age, character and conduct; (iv) the relationship with the victim; (v) the motive, means and consequence of the crime; and (v) the circumstances after the crime.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is the same as that of 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. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;