(영문) 인천지방법원 2015.04.03 2014노4623 | 리걸엔진

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(영문) 인천지방법원 2015.04.03 2014노4623

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment is too heavy or it is unreasonable to conduct an inspection;

2. Each of the crimes of this case, each of the crimes of this case, which was committed by the Defendant, by deceiving the victim D, by defrauding money, or by arbitrarily delivering a promissory note kept in the custody of the victim J, is disadvantageous to the nature of the crime in light of the means and circumstances of the crime, and the damage from each of the crimes of this case is not completely recovered until the trial of the case, and the crime of embezzlement of this case was committed during the trial of fraud for which punishment becomes final and conclusive as follows.

However, there are extenuating circumstances to consider the amount of actual damage caused by the embezzlement of this case as the amount of damage exceeding 40 million won. Each of the crimes of this case is concurrent crimes between the crime of fraud established on April 24, 2014 and the latter part of Article 37 of the Criminal Act, under which the defendant was sentenced to ten months by imprisonment with labor from the Incheon District Court Branch Branch of the Incheon District Court on April 25, 2014, the equity should be taken into account with the case to be judged simultaneously pursuant to Article 39(1) of the Criminal Act, and other various sentencing conditions as shown in the records and arguments, including the defendant's age and happiness environment, the circumstances before and after the crime, etc., are considered unfair since the court below's punishment against the defendant is somewhat inappropriate. The prosecutor's assertion has merit, and the prosecutor's assertion has no merit.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

참조조문

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