(영문) 수원지방법원 2014.11.20 2014노5239 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2014.11.20 2014노5239

사기

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The judgment of the court below is reversed.

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

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The fact that the crime of this case was inferior to the nature of the crime of this case, that the damage was not completely recovered even if the amount of the fraud was not written, and that the victim did not agree with the victims is disadvantageous to the defendant.

However, the court below's decision is too unfair in consideration of the following factors: (a) the defendant reflects his mistake through the life of three months of detention; (b) the defendant was the first offender who has no record of committing any crime; (c) the amount of 26 million won out of 73,288,163 won, which caused the fraud to the victim Kdivi Life Insurance Co., Ltd.; and (d) the amount of financial guarantee that the defendant guaranteed with respect to the recovery fee for the defendant's company membership; (d) the 10 million won was subrogated by G who established a right to collateral security against the recovery of settlement fee; (e) the damage was recovered; (e) the damage was paid to the above victim by G; (e) the defendant paid 1.2 million won to the victim with respect to the fraud to the victim G; and (e) the elderly and children who should support the victim; and (e) other matters prescribed in Article 51 of the Criminal Act, which is the conditions for sentencing, such as the defendant's age, character and environment, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.

참조조문

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