logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.26 2016노122
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The two-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is clear that each of the crimes of this case has been punished seven times in total, including the two victims of each of the crimes of this case, the total amount of damage exceeds KRW 140,000,000,000, and the defendant has been sentenced to imprisonment by means of fraud under several methods similar to each of the crimes of this case which take money by taking advantage of his own financial power, social influence, etc., and that the crime of this case has been committed again, and that the crime of this case has poor quality in light of the number of crimes and the contents thereof, etc., are to be considered important in sentencing against the defendant

However, the circumstances that the defendant paid 10 million won out of the amount of damage to the victim F in the trial of the party, and agreed that the above victim would not want the punishment of the defendant, and the amount of damage to the victim H who did not agree is KRW 55 million, and the defendant would have been partly repaid with interest, etc., there is no record of being sentenced to a fine exceeding the fine after the defendant was sentenced to imprisonment in 2004 due to fraud in 2004, and there is no attitude of recognizing the defendant's mistake, and the circumstances favorable to the defendant should also be reflected in sentencing.

When taking into account the above circumstances and other circumstances such as the defendant's age, sex, health conditions, and family environment, the punishment sentenced by the court below is too heavy.

The decision is judged.

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 judgment below is ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (as a whole, the victim’s choice of imprisonment with prison labor).

arrow