(영문) 서울남부지방법원 2016.06.17 2015노1017

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(영문) 서울남부지방법원 2016.06.17 2015노1017

사기

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for five months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendants guilty on the ground that the Defendants conspired with E to commit the crime of fraud, such as the instant facts charged, was erroneous in the misapprehension of facts.

B. The sentence of the lower court (six months of imprisonment for each of the Defendants) that is unfair in sentencing is excessively unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court, the Defendants conspired with E, etc. to commit a crime as stated in the facts charged.

B. According to the unfair records of sentencing, it is recognized that the crime of this case is a crime in which many people conspired to acquire a house lease loan system with public funds for the stabilization of residence of homeless workers, and thus there is a need for strict punishment, and that the defendants denied the crime of this case and did not recognize their errors, even until the case is in question.

② However, in full view of the fact that the Defendants did not have any history of criminal punishment; the Defendants deposited KRW 10 million for the Korea Housing Finance Corporation for the actual victims of the instant crime in the first instance trial; and ③ other circumstances that form the conditions for sentencing, such as the background, means, results, and the circumstances after the instant crime, the sentence of the lower court is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the judgment below is reversed, and it is decided as follows through a new theory of change.

[Re-written judgment] The summary of facts constituting an offense and evidence against the Defendants is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendants: the pertinent legal provisions and the choice of punishment regarding criminal facts.

유사 판례

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