(영문) 서울서부지방법원 2015.04.02 2015노50

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줄 간격

자간(%)

(영문) 서울서부지방법원 2015.04.02 2015노50

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for eight months for the first crime as indicated in the judgment of the court below, and Article 2 of the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (the first crime in the original judgment: imprisonment with prison labor for 1 year and 4 months, and the second crime in the original judgment: imprisonment with prison labor for 4 months) that the court below made is too unreasonable.

2. In relation to the instant fraud, the Defendant: (a) obtained money from the victims by deceiving the victims of money in the name of the borrowed money; (b) the amount of damage exceeds KRW 420 million; (c) the method of crime and the nature of the crime is considerably poor; and (d) the Defendant, despite having been arrested due to the commission of the commission of the fraud, is not less and less likely to commit the crime by taking advantage of the gap in which the police cars temporarily stopped in the signal signal atmosphere, and thus, is disadvantageous to the Defendant.

However, in the case of victim B, it does not want to receive the full amount of the defrauded money from the defendant and receive the punishment of the defendant. In the case of victim H, it is favorable for the defendant to take into account equity in the case of the case of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the latter part of Article 37 of the Criminal Act.

In addition, considering the circumstances, means and results of the instant crime, the circumstances after the instant crime, the Defendant’s age, career, character and conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is unreasonable.

3. 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 reasonable, and the following decision is rendered after pleading

Criminal facts

The facts constituting an offense recognized by the court as well as the summary of the evidence shall be as follows.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제6항

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