(영문) 인천지방법원 2018.08.30 2018노2032 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.08.30 2018노2032

사기

Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. Although the defendant lost his/her status as the representative of a church, he/she acquired the security deposit for the lease of the church house from the victim without notifying the victim, even though he/she received a legal judgment on the defendant's status several times prior to the crime of this case, he/she received money from the victim while disregarding the legal judgment. Accordingly, the victim suffered not only the above church's property loss, such as the building owned by the above church by the above church was sold by auction, but also the considerable mental damage in the process.

However, when the defendant was found to have committed the crime of this case for the first time, the agreement and the letter of non-taxation of the victim was submitted by paying the victim additional KRW 20 million to the victim in the trial. In full view of the defendant's age, health, sex, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and all of the sentencing conditions in the records and arguments up to the trial, such as the records and arguments, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

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 the defendant's appeal is again decided as follows.

【The reasoning of the judgment in its entirety is as follows: (a) the facts constituting a crime and the summary of the evidence recognized by the court in question; and (b) the summary of the evidence as to the facts constituting a crime and the summary thereof are identical to the relevant column, except for the alteration of “1. Part of the Defendant’s legal statement (No. 11 of the judgment of the court below No. 3) to “1. Defendant’s legal statement” from the summary of the evidence in the reasoning of the judgment of the court below

유사 판례

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-인천지방법원 2018.09.20 2018노489

-수원지방법원 2021.01.15 2020노5576

-서울남부지방법원 2017.04.27 2016노1762

-인천지방법원 2018.12.20 2018노3596