(영문) 서울고등법원 2015.03.06 2014노3321 | 리걸엔진

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) 서울고등법원 2015.03.06 2014노3321

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

B. In view of the fact that: (a) the representative director of the victim company of mistake of facts as to the acquittal portion of the lower judgment: (b) the Defendant returned the principal and the profits within one month; and (c) the Defendant trusted and delivered the funds to the Defendant; and (b) the Defendant fraudulently obtained KRW 75,9710,000 from the victim company on August 26, 201; and (c) the Defendant obtained the money from the victim company. (b) The sentence imposed by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. The lower court rendered a not guilty verdict of this part of the facts charged while explaining in detail the grounds for determination of facts by the prosecutor.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone submitted by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err in matters of mistake of facts, as alleged by the prosecutor, in the judgment of not guilty of this part of the facts charged.

B. Considering the fact that the victim company suffered damage exceeding KRW 300 million due to the instant crime claiming unfair sentencing by the Defendant and the prosecutor, and that the amount of civil damages suffered by the Defendant exceeds KRW 1 billion, and that the victim company appears to have suffered serious compromise, the criminal liability of the Defendant is not exceptionally imposed.

However, the defendant, who was found guilty at the court below, shows the attitude of recognizing and opposing the defendant's wrong facts about the crime of this case, and thereby recovering the damage. There were no criminal records or criminal records in excess of the fine at the time of the crime of this case, and the victim and the victim have reached a unanimous agreement with the victim, and the victim wanted to request the defendant to take the action.

유사 판례

-인천지방법원 2020.08.21 2019노4278

-부산고등법원 2017.10.26 2017노452

-제주지방법원 2013.07.11 2012노471

-울산지방법원 2014.01.10 2013노881

-의정부지방법원 2019.07.25 2019노119