logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.02.07 2013노3475
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendant, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The act of acquiring money against many unspecified persons by taking advantage of the sales of goods through the Internet, such as the Defendant and the Prosecutor’s assertion as well as each of the crimes in this case, is an unfavorable circumstance to the Defendant, as it disturbs Internet commercial transactions and encouragess trust in transactions, and thus, the nature and circumstances of the crime and the crime are grave, the Defendant has been punished for the same crime, and the victims of each of the crimes in this case are many victims and the total amount of damage exceeds eight million won, etc.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes and against his mistake; (b) the Defendant agreed with AM and J at the lower court; (c) the Defendant made efforts to recover damage, such as repayment of damage to the other victims and deposit the amount of damage; (d) there was no record of punishment exceeding the fine; (c) the Defendant appears to have been detained for less than three months; and (d) the Defendant appears to have an opportunity of reflect as it appears to have been detained; and (e) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, family environment, and circumstances after the commission of the crime, are considered to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(Inasmuch as the original judgment is reversed, the prosecutor's appeal shall not be dismissed separately). The facts constituting the crime and the summary of evidence against the defendant recognized by the court and the summary of the evidence are different from the original judgment.

arrow