(영문) 서울남부지방법원 2016.01.15 2015노1728

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.01.15 2015노1728

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment of one year sentenced by the court below is too unfair in light of the following: (a) the defendant's appeal is against the situation; (b) the degree of participation is not excessive; (c) the fraud amount of this case and the profits acquired by the defendant are not significant; (d) the primary offender was deposited in the appellate court for the victims; and (e) the accomplice E cooperates in the arrest; and (e) the accomplices are punished by a suspended sentence.

The crime of this case was organized and planned as the so-called Bosishing crime, and the quality of the crime was extremely poor, and the defendant was arrested and escaped from China on the date of his arrest. [The defendant was unaware of the arrest of H at the time of his departure to China]

Although the defendant asserts that "H E enters China as soon as the defendant soon as possible" in the police, the defendant did not enter the police station because he did not withdraw himself.

However, in light of the fact that E entered Korea and made a statement to the effect that “the Defendant left China by promising to make a promise to leave the aircraft (Evidence No. 385 of the evidence record), the Defendant seems to have escaped to China with the knowledge of H’s arrest, etc. However, considering the following circumstances, the lower court’s judgment seems to be unfair by taking into account: (i) the Defendant led to a criminal act; (ii) the sum of the amount obtained by the Defendant is not more than 2 million won; and (iii) the Defendant deposited all the amount obtained by the Defendant for the victims at the trial; (iv) the Defendant has cooperation with the investigation agency in the arrest of the accomplice E; (v) the Defendant was subject to a suspended sentence; and (v) the Defendant’s age, sexual conduct, intelligence and environment; (v) the victim’s relationship, motive, means and consequence of the criminal act; and (v) the circumstances of the sentence specified in the instant case, such as the circumstances after the criminal act.

Therefore, it is true.

유사 판례

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-전주지방법원 2014.12.05 2014노572

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