(영문) 서울남부지방법원 2017.04.14 2016노2054

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(영문) 서울남부지방법원 2017.04.14 2016노2054

사기등

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (three years of imprisonment) is too unreasonable.

2. Considering the circumstances and the fact that the court below's decision on the grounds of sentencing did not have yet been restored to the depth of the damage, the court below held that the voluntary auction procedure for the real estate held in the Defendant's wife (the sale price of the real estate was KRW 342,070,00) after the judgment below was conducted on April 11, 2017, and the victim had already completed the seizure registration for the same real estate. The victim also appears to be able to recover part of the amount of the acquired money of this case in the distribution procedure for the above real estate (the total amount of the claim of the preceding collateral security right is KRW 280,000,000,000,000,000,0000,0000 won, which was already registered for provisional seizure, and the amount to be actually recovered is considerably less than the amount of the crime of this case). Thus, the defendant's argument that the sentence imposed by the court below is unfair is justified.

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 with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of each fraud) and Article 40 of the former Subsidy Management Act (amended by Act No. 13931, Jan. 28, 2016);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a person who commits a crime of fraud and a violation of the Subsidy Management Act shall be punished by imprisonment for each year);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

참조조문

유사 판례

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