beta
(영문) 인천지방법원 2015.11.20 2015노3200

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of 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. In light of the circumstances and contents of the crime of this case, the fact that the nature of the crime of this case is inferior, the amount of fraud is not significant, the fact that there is no agreement with the victim H, and the fact that there are only one criminal record of the same kind of crime, etc. However, the court below's punishment against the defendant is somewhat unreasonable, considering the following factors: (a) all of the crimes of this case were led to confession and living under custody for more than three months; (b) the defendant seems to have reached an agreement with the victim C in the trial; (c) the amount of defraudation of the victim H is not significant; (d) there is no history of criminal punishment exceeding the fine; and (e) there is no record of criminal punishment; and (e) other various sentencing conditions specified in the records and arguments, such as the defendant's age and happiness

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

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);

1. Social service order under Article 62-2 of the Criminal Act;