(영문) 부산지방법원 2015.10.23 2015노1848 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.10.23 2015노1848

사기등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant

B, C-.

Reasons

1. The summary of the reasons for appeal is that the punishment (one year of imprisonment for each of the defendants) of the original judgment is too unreasonable.

2. Determination:

A. We examine the judgment on Defendant B and C, even though the Defendants were the first offender, and the Defendants recognized the crime of this case and reflects the fact that they were committing the crime. However, in light of all of the following circumstances, the lower judgment’s punishment is reasonable, and the lower court’s judgment determined that the Defendants committed the crime of this case, including the following: (a) the negative perception of the donation was spread due to the crime of this case; or (b) the degree of harm and injury to the society is not small; (c) the crime of this case is long; (d) the crime of this case was committed; (d) the sum of the money acquired is considerably large; (e) the sum of the money acquired is 120 million won; (e) the amount of the crime of this case was planned by sharing the roles; (e) the Defendants’ age, occupation, character and behavior; and (e) the records and arguments of this case, such as the records and arguments after the crime of this case was committed.

B. We examine the judgment on Defendant A, even though the representative operating the “G organization,” the Defendant is highly likely to be subject to criticism by participating in the instant crime and performing the role of facilitating the defraudation of the crime by Defendant B, C, etc., but the criminal act of this case was committed in the first instance, which is contrary to the judgment, and was paid by Defendant B and C, but the above money was actually used to operate the “G organization.” Although there was no profit acquired by himself from the instant crime, the Defendant has been conducting volunteer activities for the elderly living alone for several years, and around October 2014, the Defendant contributed to the promotion of the welfare of the aged.

유사 판례

-대구고등법원 2013.09.12 2013노261

-인천지방법원 2012.11.23 2012노2884

-대구지방법원 2012.10.26 2012노2676

-대전지방법원 2015.11.19 2015노2795

-부산고등법원 2016.10.12 2016노450