(영문) 광주지방법원 2013.04.17 2012노2431 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2013.04.17 2012노2431

사기

Text

The judgment of the court below is reversed.

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

Provided, That the above sentence shall be imposed for two years from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to commit fraud.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the following circumstances acknowledged by the records of this case as follows: ① the defendant delivered money from the victim to the chairman of the National Assembly or the head of the team for expansion of J Co., Ltd. for the payment of personnel expenses; ② the defendant asserted that the defendant received money from the victim under the initial agreement as above in terms of the cost of construction and the cost of expenses, but there is no circumstance to deem that there was such agreement between the defendant and the victim, and the defendant could be recognized that the defendant acquired money by deceiving the victim as stated in the facts constituting the crime, and thus, this part of the defendant and the defense counsel's allegation is without merit.

B. Although the defendant had a previous conviction on the assertion of unfair sentencing, considering the fact that the defendant paid 20,000,000 won out of the amount of damage to the court below, the defendant only agreed with the victim when he paid 20,000,000 won to the court, and other various sentencing conditions specified in the argument of this case, including the circumstances of each of the crimes of this case, the circumstances after the crime, the age, character and conduct of the defendant, and the environment, the court below's punishment is deemed unfair. Thus

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.

참조조문

-형사소송법 제364조 제6항

유사 판례

-대구지방법원 2015.10.16 2015노66

-광주지방법원 2012.11.22 2012고단3737

-부산지방법원 서부지원 2021.03.11 2017가단7680

-광주지방법원 2015.01.07 2014노1203

-대전지방법원 2020.04.23 2018가단208281