(영문) 서울동부지방법원 2015.07.03 2015노541

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2015.07.03 2015노541

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the crime of this case was committed by deceiving 30 million won as if it were to solve the problem by exercising influence on the public officials in charge, etc., who were in the position of the victim's poor condition, and that it is necessary to strictly punish the defendant due to extremely poor criminal law.

However, in light of the following circumstances: (a) the Defendant committed a crime in the course of the trial; (b) there was no previous criminal records of the same kind before the instant case; (c) there was no history of punishment for the suspension of execution; and (d) KRW 15 million out of the amount of damage was repaid (the victim submitted a written agreement on the ground that he was compensated by his former spouse on June 16, 2015; (b) but withdrawn it on the ground that “the Defendant did not perform the obligation to prepare the agreement at the time of the closing of argument” and submitted a written application to the effect that he want to be punished against the Defendant, such as the Defendant’s career, environment, and family relationship, the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is the same as that stated in each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

참조조문

-형법 제347조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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