logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.03.28 2012노4050
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. In light of the fact that the defendant is against the summary of the grounds for appeal and that the defendant has agreed with some victims, the punishment (one year and two months of imprisonment) imposed by the court below against the defendant is too unreasonable.

2. The circumstances are disadvantageous to the defendant, such as the fact that the defendant's nature of the crime is not good, the victims' damage amount is not considerable, and the victim D wishes to punish the defendant.

However, as the registration of transfer of ownership in the name of the victimJ has been completed with respect to the real estate owned by the defendant, the victimJ has been practically recovered from damage to the victimJ, and the victimJ expressed its intention not to punish the defendant for the first time in the trial, and paid 5 million won to the victim D as a security deposit. The records of punishment for fraud are only once fines, the defendant's life is against confinement and not re-offending, and the fact that there is a family member to support the defendant is favorable to the defendant.

In this context, considering the various circumstances shown in the records and arguments such as the defendant's age, character and behavior, environment, etc., the sentence imposed by the court below against the defendant is somewhat inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: “The sum of KRW 500,000,000 to the Agricultural Cooperative Account in the name of the defendant around November 10, 2009; KRW 1 million to the above account around the 13th of the same month; KRW 20,000,000 to the above account around the 20th of the same month; KRW 3.5 million to the above account around December 4 of the same year; and KRW 75,00,000 to the above account around December 10 of the same year; and KRW 5,000,000 from the victim” in Chapter 3 of the judgment of the court below from Chapter 2 to the account in the name of P as of November 10 of the same year designated by the defendant.

arrow