(영문) 제주지방법원 2015.01.08 2014노322 | 리걸엔진

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자간(%)

(영문) 제주지방법원 2015.01.08 2014노322

사기

Text

The judgment of the court below is reversed.

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

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is unfair in full view of the following circumstances: (a) the amount obtained by deception as a result of the instant crime is 129,254,400 won; (b) the Defendant recognized the instant crime and reflects his mistake; (c) the Defendant used the defrauded money as operating funds of the Incorporated Agricultural Company B; (d) the Defendant prepared a statement of performance of obligation repayment with the content that the Defendant repaid the remaining defrauded money to the victim by installments until November 30, 2015; and (e) actually paid KRW 10 million on December 1, 2014 in accordance with the above statement; (c) the Defendant was sentenced to a suspended sentence of 2 years on June 2006 for the crime of occupational embezzlement; and (d) the Defendant was punished for the same crime heavier than the fine or was punished for the same crime; and (e) the Defendant’s age, character and conduct, motive and circumstances leading to the instant crime; and (e) the circumstances before and after the instant crime were written.

3. Accordingly, according to the conclusion, 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 facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act for community service;

참조조문

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