(영문) 부산지방법원 2020.01.10 2019노3530 | 리걸엔진

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줄 간격

자간(%)

(영문) 부산지방법원 2020.01.10 2019노3530

사기등

Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of three years and six months.

Reasons

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

2. The judgment was examined, and the defendant committed the fraud of approximately KRW 124 million in total to unspecified victims, as stated in each of the facts charged in the instant case, during the period of repeated crime due to the same criminal record, and the criminal liability of the defendant is heavy.

Until the trial, the defendant did not agree with the victims excluding the victimY.

However, the defendant recognized all of the crimes of this case and is against the law.

The Defendant agreed with the victim Y completely.

In full view of the motive and circumstances leading up to the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, etc., and the sentencing grounds indicated in the instant arguments and records, the lower court’s punishment is deemed to be too unreasonable. Therefore, the Defendant’s assertion is with merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act (excluding the part on compensation order), and the defendant's appeal is again decided as follows.

[C] The facts constituting an offense and the summary of evidence recognized by the court and the summary of the evidence are as follows: (a) the “victim AL” in Part VII (7) of the judgment of the court below shall be deemed as “victim AK”; and (b) the “victim AM” in Part VII (7) of the judgment of the court below shall be deemed as “victim AK,” and except where the “victim” in Part VII (7) is deemed as “victimN,” and thus, it shall be cited by Article 369

Application of Statutes

1. Relevant Articles 347(1) and 347(1) of the Criminal Act for criminal facts, each of the choice of punishment (Fraud, choice of imprisonment), Article 329 of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act for each of the following matters: (i) the exercise of rights, such as the recording of a person who committed a crime in advance, the choice of imprisonment), information and communications network.

참조조문

유사 판례

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-인천지방법원 2014.11.28 2014고정3446

-서울서부지방법원 2020.02.21 2019고정851