(영문) 서울동부지방법원 2013.09.12 2013노590

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크기(pt)

굵기

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자간(%)

(영문) 서울동부지방법원 2013.09.12 2013노590

사기

Text

The judgment of the court below is reversed.

As to the crime No. 1 of the judgment of the defendant, imprisonment with prison labor for ten months, or for the crime No. 2 of the judgment.

Reasons

1. The grounds for appeal (e.g., punishment 1: imprisonment with prison labor for 10 months and punishment 2: imprisonment with prison labor for 4 months and suspended execution for 2 years) of the lower court is too unreasonable;

2. Although the judgment does not have the ability to pay the fraternity money, the damage was not completely recovered even though the defendant obtained a certain amount of guidance money against the victims, and the fact that the defendant escaped while being tried at the court below, etc. is disadvantageous to the sentencing.

However, it appears that the defendant was under detention for three months until the trial is the time of the crime of this case, and that the defendant was under detention for three months until the trial is the case, and that the victim C was also under agreement with the victim D in the investigation process, and that the victim C would have to recover part of the damage after being paid in the compulsory execution procedure. The defendant agreed with the victim C. The crime of this case occurred when the member of the fraternity operated by the defendant was unable to pay the fraternity due to bankruptcy, and the defendant attempted to compensate for the loss. The defendant was living before the public notice source of the house which the defendant was under custody for repayment to creditors including the victim C. The crime of fraud, which is the second crime, is a concurrent crime under the judgment of the court below and Article 39 (1) of the Criminal Act. Considering the crime of fraud, which is a crime of fraud, which is a crime of this case, is determined at the same time under the judgment of the court below, and the defendant's age, character and behavior or motive, circumstances, the records and method of the crime of this case, etc.

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, and the following is ruled again.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

참조조문

-형법 제39조 제1항

-형사소송법 제364조 제6항

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