(영문) 의정부지방법원 2018.02.08 2017노2336

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.02.08 2017노2336

사기등

Text

The judgment of the court below is reversed.

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

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

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant entered into a false siren agreement in an unreasonable way in order to collect more than one fee per business performance, and during that process, it is not easy for the Defendant to commit the crime in light of the fact that he forged and uses the private document of 40 women.

The defendant has been punished for a fine for fraud in 2012.

Meanwhile, at the lower court’s stage, the Defendant repaid 24,50,000 won in total to the victim, and paid to N for ten months the unpaid siren of the I Institute (it is unclear that KRW 8,250,000,000, as alleged by the Defendant, was paid as allowances again to the victim). As such, it is recognized that the Defendant paid 30,000 won in excess of the unpaid siren of the G Institute at the trial of the Party.

In addition, it is difficult to deem that additional damage, such as unpaid sirens, occurred to N as direct damage to the victim. Moreover, even though the Defendant intended to return the air cleaner, etc. to N, if the Defendant did not pay the unpaid sirens in lump sum, it would have been refused to collect it without recovering it, and thus, the damage would have been expanded.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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.

【Grounds for the new judgment】 Summary of facts constituting an offense and evidence

유사 판례

-광주지방법원 순천지원 2017.08.09 2016고단1439 (2)

-광주지방법원 순천지원 2017.06.28 2016고단1439

-광주지방법원 순천지원 2017.06.28 2016고단1439 (1)

-서울북부지방법원 2021.02.03 2020고단4620

-창원지방법원 2018.06.22 2017고단830