(영문) 수원지방법원 2014.03.12 2013노6316 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.03.12 2013노6316

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (two years of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The instant fraud crime is a serious financial fraud crime committed in a planned and organized manner by taking many unspecified persons into account the so-called singinging method, and its nature is very poor. The singinging fraud is not only a discriminatory and singishing fraud, but also a structural characteristic that is not easy to recover from damage, and its social harm is very significant. The Defendant’s act of cash withdrawal and remitting cannot be deemed to be less than the degree of participation in the crime because it is indispensable to achieve the purpose of the crime through singishing. In light of the above, the Defendant’s strict punishment is required.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and divided the Defendant’s mistake in depth; (b) the Defendant was not led to the entire criminal act of Bosing; (c) the profits actually acquired by the Defendant were not significant; (d) the Defendant did not have any other criminal records in Korea; (e) the Defendant deposited KRW 5 million to Q Q of the victim when the Defendant was in a trial; and (e) the Defendant’s age, character and conduct, character and environment, motive and circumstances leading to the instant crime; and (e) all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the commission of the instant crime, etc., the lower court’s punishment

2. 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 also ruled

( long as an appeal by the defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor’s appeal shall not be dismissed). Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are facts constituting an offense of the court below

참조조문

-형사소송법 제364조 제6항

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