(영문) 창원지방법원 2015.01.29 2014노1880 | 리걸엔진

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(영문) 창원지방법원 2015.01.29 2014노1880

사기등

Text

The judgment below

The part, excluding the dismissal of public prosecution, shall be reversed.

The 3-A and 10-A of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that the defendant's punishment (the 3-A, the 10-A, the 6-month imprisonment, the 1, the 2-3-b, the 4-9, and the 11-13-2, the 3-2, the 3-2, the 3-2, the 4-2, the 4-9, and the 13-2: the 3-2, the 3-2, the 3

B. The prosecutor 1) argues that the judgment of the court below which acquitted the defendant on the ground that it is difficult to recognize that the defendant had received the above cargo vehicle by deceiving the victim C, despite the fact that the defendant by deceiving the victim C and received the above cargo vehicle in an amount equivalent to 6.6 million won at the market price, and contrary to this, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts. 2) The prosecutor asserts that the above sentence, excluding the dismissed dismissal portion sentenced by the court below, is too un

2. Determination of the assertion of unfair sentencing (Article 3-1 and 10 of the Trademark Act) is recognized as the fact that the defendant recognized his criminal act and reflects his criminal act, the victim AE does not want the punishment of the defendant under an agreement with the victim AE, and the defendant's health status is not good.

However, the crime of this case is a case in which the defendant deceivings the victim P and received a total of KRW 60,000,000,000 by deceiving the victim AE, and each defrauds it. The damage amount is not less than KRW 67,88 million, the damage amount of the victim P has not been recovered, the defendant has already been subject to criminal punishment several times due to the same kind of crime, and other circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., which are conditions for the arguments and the sentencing as shown in the records of this case, are judged to be unfair.

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

3...

유사 판례

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