(영문) 울산지방법원 2016.06.17 2016노540 | 리걸엔진

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(영문) 울산지방법원 2016.06.17 2016노540

상습사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. The crime of this case is deemed to have been abused that the defendant's false statement that "the defendant was less than KRW 5,000,000 for the victims", which means that "the amount of money has been reduced," and that it has been repeatedly obtained from many victims, which means that the victim may not report even if the crime is discovered because the amount of money obtained is a small amount of money, and even if the crime is discovered, the crime is not reported. The crime of this case has a record of criminal punishment 11 times for the same crime (4 times of actual punishment, suspension of execution, one time of suspension of execution, and six times of fine). The defendant did not receive part of the amount of money prior to the crime of this case.

Although the victims had been subject to punishment several times due to a crime of a extremely similar law such as the instant case, the crime of the instant case cannot be viewed as a crime simply contingent or on the ground of livelihood, etc., which is unfavorable to the Defendant.

However, in full view of the fact that the defendant recognized his mistake and reflects his depth, the amount of damage suffered by the victims is very small to 5,000 won each, the defendant deposited 60,000 won, which corresponds to most of 65,000 won total amount of damage for the victims, and other factors such as the defendant's age, sex, family environment, home environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, including the circumstances before and after the crime, etc., it is recognized that the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.

유사 판례

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