(영문) 대구지방법원 2018.03.23 2018노145 | 리걸엔진

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.03.23 2018노145

사기

Text

The judgment of the court below is reversed.

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

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

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The amount of the instant fraud is not specified in KRW 85 million, and the money was borrowed from the Defendant as security by lending the house which is satisfying due to the economic situation of the victim. However, considering the fact that the Defendant knowingly knew of such circumstances, he/she is not guilty of the crime.

The Defendant recognized and reflected the instant crime.

In addition, the husband of the defendant prepared a certificate of loan with the guarantor for the above KRW 85 million, and his property (other than the debt secured by senior collateral security, the actual value of which is not less than KRW 200,000,000) was set up and granted the maximum claim amount of KRW 110,000 in the victim's future to the extent that the damage recovery was done to some extent.

I seem to appear.

Defendant has no record of crime.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as stated in the judgment of the above unfair sentencing grounds.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

유사 판례

-대법원 1988. 3. 2. 자 88마45 결정

-대전지방법원 2016.06.23 2015고단3855

-대법원 1966. 4. 29. 자 65마210 결정

-광주지방법원 2018.03.22 2017노2111

-대구고법 1984. 9. 27. 선고 84나798 제4민사부판결 : 상고