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(영문) 서울고등법원 2014.03.28 2013노3114
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is too unfilled and unreasonable.

2. Prior to the judgment on the grounds for appeal of the judgment, the public prosecutor reduced ex officio the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim SK in the facts charged in this case by "the defendant A acquired KRW 124,428,096 in collusion with AD, who is the operator of AC, by payment of KRW 113 times in total from the victim SK in the same manner as that of the crime No. 1-B, and applied for an amendment of the bill of amendment to the indictment in the same manner as the crime No. 7 through No. 5 of the judgment of the court below, and since this court was changed by permission, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

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, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 347 (1) and 30 of the Criminal Act for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concerning victim SK with more serious penalty);

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the suspended sentence is that the Defendant’s inner name “abro tin” fraud, which was committed by the Defendant, has abused the difficulty of individuals in need of urgency, and thus has a high possibility of social criticism.

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