(영문) 인천지방법원 2014.10.30 2014노2271 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2014.10.30 2014노2271

횡령등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, for ten months, for Defendant B, and for eight months, for Defendant C.

Reasons

1. The main points of the grounds for appeal are as follows: each sentence of the lower court (ten months of imprisonment, two years of suspended sentence) against the Defendants is deemed too unhued and unreasonable.

2. The defendants led to the confession of the crime and agreed with the victimJ. However, the defendants Gap's act of fraud in this case is a case where the defendant registered the business under the name of the victim with the physical name "balone president" and entered into a transaction agreement with the victims after being supplied with the surety insurance policy under the name of the victim through the Seoul Guarantee Insurance, and disposed of it at a low price and escape. The crime is not very good, and the defendants planned to commit the crime closely in advance, not only is the defendants planned to commit the crime, but also it appears to be a professional fraud group, such as the defendants' internal branch office, and the embezzlement and fraud amount amount reached approximately KRW 100 million. The defendants did not agree with the victims of the fraud, and there was no effort to recover the damage. In particular, the defendants had been previous and previous, and in the case of the defendant C, it is determined that the defendants were too likely to have committed the crime by taking account of the circumstances such as the amount of punishment imposed by the defendant, the number of times and circumstances, the degree of the crime, and the degree of the crime.

3. In conclusion, since the prosecutor's appeal is all reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the evidence and the facts charged by the court concerning the instant case and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

-대구지방법원 2013.09.13 2013노351

-서울동부지방법원 2013.10.31 2013노1051

-수원지방법원 2014.04.10 2013노6469

-서울중앙지방법원 2015.10.08 2015노2819

-수원지방법원 2014.11.17 2014노1464