(영문) 부산지방법원 2013.08.30 2013노1610 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2013.08.30 2013노1610

사기등

Text

The judgment of the court below is reversed.

As to the crime No. 1 of the judgment of the defendant, the crime No. 2 and No. 3 of the judgment shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles is merely a loan or donation of KRW 212,530,000 from E, not a fraudulent act, but also a loan of KRW 30,00,00 received from O merely does not intend to acquire it, and only sent the mobile phone text messages sent by the Defendant toO with a sign of pono, and there was no intention to threaten theO. Therefore, the judgment of the court below convicting each of the charges of this case is erroneous in matters of mistake of facts.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and six months of imprisonment and four months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant's assertion is without merit.

B. In full view of all matters concerning the Defendant’s age, occupation, and other records and arguments of this case, the Defendant’s judgment’s punishment of KRW 150 million is too unreasonable, and the Defendant’s assertion is recognized as unjust, since the Defendant’s punishment of the lower judgment is deemed to be too unreasonable. The Defendant’s assertion is with merit, inasmuch as it is acknowledged that the Defendant’s punishment of the lower judgment is too unreasonable, by depositing KRW 10 million for the victim E, and by paying KRW 10 million to the victimO, the damage was recovered to a certain extent by paying KRW 10 million to the victimO. In the case of the first crime of the first instance at the time of the original judgment.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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