(영문) 창원지방법원 2017.10.12 2017노2477 | 리걸엔진

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크기(pt)

굵기

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자간(%)

(영문) 창원지방법원 2017.10.12 2017노2477

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and two months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) The amount of fraud is 116,00,000 won in large amount; (b) the victim provided loans by means of credit card service, cash loan, capital loan, insurance terms and conditions loan, etc.; and (c) the defendant also promised to obtain a high interest rate of 2% per month and entices the victim to obtain a loan; (d) there are unfavorable grounds for sentencing, such as: (a) the defendant has led to the confession of the crime; (b) the defendant has been in contravention of himself; (c) the defendant repaid KRW 47,80,000 before the commencement of the investigation; (d) deposited KRW 22,00,000 in the court below; (e) deposited KRW 46,250,000 in the court below; (e) deposited KRW 46,250,000 in the court below before and after the previous conviction; (e) favorable grounds for sentencing, age, family status, economic situation, circumstances leading to the crime, and other records and changes in the sentencing of this case.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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