(영문) 창원지방법원 2015.04.23 2015노440 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2015.04.23 2015노440

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (one year of imprisonment) is too unreasonable.

2. The crime of this case is established that the defendant, after being awarded a contract for construction work, provided a subcontract to the victims for construction work, did not pay the construction cost, or paid only part of the construction cost, and obtained a total of about KRW 120,000,000 in several times from the victims by paying them. The amount of damages not recovered has reached about KRW 40,000,000,000,000,000,000,000,000,000,000 won, and there is a considerable period of time from the date of the crime of this case, and thus, the victims are deemed to have suffered a considerable loss. The defendant has already been punished several times due to the violation of the Road Traffic Act, the crime of violation of the Act on the Aggravated Punishment, etc. of

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the punishment imposed by the court below is unreasonable, in light of the following: (a) the defendant's erroneous judgment is recognized, and the victim's additional compensation for part of the victims was made in the trial and the victim's written agreement was submitted in the trial to the purport that the victims do not want the punishment of the defendant; and (b) the defendant's age, character, environment, motive and circumstance of

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Summary of criminal facts and evidence shall be the Court.

참조조문

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