(영문) 서울동부지방법원 2015.03.20 2015노20

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자간(%)

(영문) 서울동부지방법원 2015.03.20 2015노20

사기

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (one year and six months) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. The judgment of the defendant was sentenced two times as a crime of the same kind, and all of the crimes of this case are repeated crimes, and the crime of this case is committed by deceiving the intent to purchase and take a high-priced building by over money in the name of financial expenses by exaggeration the status and influence of the principal, and the quality of the crime is not weak, and it is recognized that the amount of defraudation is large (the victim L is KRW 300 million, and the victim J is KRW 200 million).

However, when considering the fact that the defendant committed a crime at the time of the trial and committed a mistake, the court below agreed to pay a considerable portion of the victims' damages (the victim L, KRW 300 million, KRW 150 million, and KRW 150,000,00 to the victimJ) at the court of the trial, and that most damages have been recovered by paying additional KRW 50,000 to the victim J in the trial, the victims are not responsible for the occurrence of crime or the expansion of damage by paying money in good faith without thoroughly examining the possibility of realization in order to purchase high-priced buildings, and other various circumstances that are imposed on the defendant's age, character, character, environment, occupation, etc., it is recognized that the punishment of the court below is unreasonable.

Therefore, the prosecutor's argument is without merit, and the defendant's argument is with merit.

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment of the court below against the defendant is reversed and it is decided again as follows.

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

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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