(영문) 의정부지방법원 2015.01.15 2014노2483

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2015.01.15 2014노2483

사기등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

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

seizure.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (the Defendant A: imprisonment of one year, the forfeiture of No. 1, the additional collection of 150,000 won, the Defendant B: imprisonment of ten months, and the forfeiture of No. 3) against the Defendants is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable and unfair.

2. Determination

A. The instant fraud crime against Defendant A is planned and organized, and the nature of the crime was very poor to commit the fraud by using psychotropic drugs to the victims. The frequency of the fraud crime is three times, and the amount of the fraud is about KRW 19 million in total, and the amount of the fraud is not limited to KRW 19 million, the Defendant appears to be the principal offender of the fraud crime, and the Defendant has the record of having been sentenced to a suspended sentence of imprisonment due to the fraud even around 2009.

On the other hand, in full view of the fact that the defendant reflects the crime, that the defendant deposited some money for the victims, and other various sentencing conditions shown in the records and arguments, such as the age, criminal administration, family environment, and circumstances before and after the crime, the sentencing of the court below against the defendant is too heavy or less appropriate, and the defendant's argument is without merit.

B. The judgment on Defendant B on the instant fraud crime is planned and organized, and it is very poor that the crime was committed by using psychotropic drugs to the victims, and that the frequency of the commission of the fraud crime is three times, and the amount of the fraud is about 19 million won in total, but it is recognized that the Defendant did not bring about a total of 19 million won, but the Defendant’s mistake is against himself, the Defendant does not seem to be the principal offender of the instant fraud crime, and there is no record of punishment exceeding the same kind of crime or fine before the instant case, and deposit some money for the victims at the time of the first instance, and other crimes.

유사 판례

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