(영문) 서울중앙지방법원 2014.08.13 2014노1962

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(영문) 서울중앙지방법원 2014.08.13 2014노1962

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment) imposed by the court below on the defendant is too unlimited to the defendant, and the prosecutor is too unhued and unfair.

2. However, the circumstances in which the defendant led to confession and reflect shall be recognized.

However, there is a lot of money that the defendant deceivings the victim and defrauds the victim at KRW 50 million.

Nevertheless, the defendant has not made any effort to recover the damage of the victim until the trial of the court.

Although considering that this case is in a concurrent relationship between the crime for which judgment has become final and the crime for which judgment has become final and the latter part of Article 37 of the Criminal Act, the court below's punishment is unreasonable in light of the sentencing guidelines for the crime of defraudation by this court

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the prosecutor's appeal is with merit, and the following decision is rendered after pleading.

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 Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

2. The sentencing guidelines of this court for the crime of larceny in the latter part of Article 37 and Article 39(1) of the Criminal Act for the crime of larceny in the amount of KRW 50,000,000,000, and the defendant has been punished by a fine for the same kind of crime. The crime of this case shall be determined as per the order in consideration of equity in sentencing in the case where the judgment is made at the same time in the final conviction and the latter concurrent crimes of Article 37 of

참조조문

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