(영문) 서울남부지방법원 2017.02.03 2016노2139

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크기(pt)

굵기

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자간(%)

(영문) 서울남부지방법원 2017.02.03 2016노2139

사기

Text

The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the original court (five months of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. The crime of this case is determined based on the following facts: (a) the crime of this case is committed by multiple persons who conspired with a fund for public funds to stabilize the residence of homeless workers, and the nature of the crime is inferior; (b) the defendant took part in the crime of systematic fraud with a false lessor; and (c) the amount of fraud is up to KRW 112 million; and (c) the criminal defendant was sentenced to suspended sentence for fraud in 2000; and (d) the criminal defendant has a total of seven times of criminal punishment: (i) his mistake is recognized; and (c) the defendant has an opportunity to reflect on the life of nearby three months; (b) the profit actually acquired through the crime of this case appears to be less than the money obtained through the crime of this case; (c) the punishment of the defendant seems to be more than the money obtained through the crime of this case; and (d) the punishment of the defendant is deemed to have become final and conclusive in the judgment of the court below on October 17, 2016; and (e) the defendant's motive and conditions of punishment of the crime of this case at the same time;

3. As such, the defendant's appeal is with merit, and 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

유사 판례

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-서울남부지방법원 2016.03.25 2015노1018

-서울남부지방법원 2016.12.16 2015노1689