(영문) 의정부지방법원 2019.10.31 2019노1948

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(영문) 의정부지방법원 2019.10.31 2019노1948

사기등

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The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing of the case (six months in prison);

2. The judgment of the Defendant forged a joint and several guarantee document in the name of the owner of the building and a joint and several guarantee document in the name of the owner of the building and delivered it to the damaged company.

The injured company trusted the above forged document and provided the defendant with 38,768,90 won or more of 38,768,900 won or more. In light of the motive and circumstance of the crime and the fact that the fraudulent damage was not recovered, it is necessary to impose strict liability on the defendant.

Although there are circumstances that may be taken into account some of the circumstances such as the fact that the defendant acknowledges and misleads the crime, the fact that there is no record of punishment for the same crime of fraud, and the fact that there is a family member to support, the defendant's age, character and conduct, environment, and circumstances after the crime, etc., in full view of all other circumstances that form the conditions for the sentencing of this case as indicated in the records, the court below's punishment is deemed reasonable and too unreasonable (However, if the crime of forgery is committed while committing the crime of fraud is committed in the course of committing the crime of fraud, it is not considered as a majority crime, but as a sentencing factor, if the court below calculated the scope of the recommended punishment by adding the upper limit in accordance with the guidelines for sentencing of multiple crimes of this case, it does not affect the lower limit of the recommended punishment according to the guidelines for sentencing of the original mistake. However, as long as the court below sentenced the defendant to a lower sentence than the lower limit of the recommended punishment, it does not accept the defendant's assertion of unfair sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

유사 판례

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