(영문) 창원지방법원 2014.11.12 2014노2035 | 리걸엔진

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(영문) 창원지방법원 2014.11.12 2014노2035

사기

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant borrowed approximately KRW 51 million from the victim although the Defendant did not have any intent or ability to repay the loan even if he/she received the loan from the victim, and the amount of damage is not significant.

However, the defendant recognized the crime of this case and made a mistake against the defendant, and deposited KRW 10 million for the victim at the court below, and the victim did not want to be punished by agreement with the victim at the court below on March 16, 200, the defendant did not have any other criminal power except for the defendant sentenced to a fine of KRW 2 million for the crime of escape of the offender from the Changwon District Court on March 16, 200, and the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court [the scope of recommending punishment: imprisonment: one year from January to one year, and one year from a special person as a special person as a special person] and other circumstances that form the conditions for the sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior, intelligence and environment, the sentence imposed by the court below is somewhat unreasonable.

3. If so, 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 the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited 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;

참조조문

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