(영문) 대구지방법원 2015.04.03 2014노4037 | 리걸엔진

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(영문) 대구지방법원 2015.04.03 2014노4037

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. In light of the following circumstances: (a) the defendant had the history of punishment several times for the same crime; (b) the amount of damage caused by the crime of this case is heavy; (c) the defendant committed the crime of this case at a disadvantage to the defendant; (d) the defendant recognized all of the crimes of this case; (c) the defendant committed several offenses in the absence of equity capital or under the lack of equity capital; (d) there are some circumstances considering the motive and circumstances; (e) the part related to K related to the crime of this case was settled to a certain extent through a contract for business transfer or takeover with the victim; (e) the crime of this case is likely to be tried at the same time in the concurrent relation between the crime of violation of the Commercial Act, which is the first head prior to the judgment of the court below, the crime of this case, and the crime of this case, and other various circumstances revealed in the records and arguments such as the defendant's age, character and behavior, and environment, the defendant's argument is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

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. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act of Aggravation of Cumulative Offense (Aggravated Offense)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Code are the best among concurrent crimes.

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