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(영문) 서울동부지방법원 2017.11.17 2017노1106

사기

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.

2. The crime of this case was committed by submitting a false charter agreement and obtaining a loan as security, and the nature of the crime is less than that of the crime in light of the method of crime.

However, in light of the favorable circumstances such as the fact that the defendant was found to have committed a mistake when he was in the first instance trial, that there was no record of criminal punishment, that there was partial damage by A, an accomplice, and that the defendant was able to implement the remaining amount of damage confirmed in civil litigation, the court below’s punishment is somewhat unreasonable and unfair.

Therefore, the defendant's argument of sentencing is justified.

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

[Reasons for the judgment used again against the defendant] The summary of the crime and evidence against the defendant recognized by the court is identical to that stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);