(영문) 서울서부지방법원 2015.01.09 2014노1047

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(영문) 서울서부지방법원 2015.01.09 2014노1047

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s imprisonment (two years and six months of imprisonment).

2. Determination is an element of sentencing unfavorable to the Defendant, such as the fact that there are many victims due to the instant fraud crime, and the amount of damage is very high, and the Defendant has escaped for a long time after the crime, making it difficult to recover damage.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant appears to have reached the instant crime due to the managerial difficulties while running a publication distributor; (c) the Defendant was not previous and has been punished several times of fines; (d) the Defendant’s family; and (e) the Defendant’s branch members and the branch members wished to have a social ties; (b) the Defendant appears to have agreed with some victims; and (c) the sentencing factors favorable to the Defendant and other various sentencing conditions indicated in the records of the instant case, such as the fact that the Defendant agreed with some victims in the lower court, and that there was an additional agreement with some victims, the lower court’s sentencing against the Defendant is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each 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. Article 347(1) of the Criminal Act and Article 347(2) and (1) of the Control of Illegal Check Control Act, each of which is applicable to the crime;

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

참조조문

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