(영문) 서울중앙지방법원 2016.10.21 2016노2738

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.10.21 2016노2738

사기등

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and two months.

Defendant

A No. 1. Evidence seized by A

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the first instance court (one year and six months of imprisonment for each of the defendants) against the defendants is too unreasonable.

B. Each sentence of the first instance court on the prosecutor’s defendants is too unhued and unfair.

2. The Defendants, as a member of the so-called “Singing” criminal organization, took part in the crime and acquired money from many victims in a systematic and planned manner. The crime of Bosing fraud is a very serious criminal with serious social harm, the Defendants’ act of withdrawing the amount of damage and remitting it to China, and the degree of their participation is not easy. In light of the fact that the Defendants’ act as a member of the organization of the so-called “Singing” criminal organization, and that it is very difficult to detect the act by systematically connecting opinions with other accomplices, even its subordinate employees are considered to be disadvantageous to the Defendants.

However, in full view of the following circumstances: (a) the Defendants led to the confession of the crime and attempted to repent of the mistake; (b) the Defendants paid a sum of KRW 6 million out of KRW 9.9 million to the defrauded in the appellate trial; (c) the Defendants did not have any particular criminal power after entering the Republic of Korea; and (d) the Defendants’ age, character and behavior, career, home environment, amount of money obtained by deception, motive and means of the crime; and (e) the sentencing conditions specified in the instant pleadings, including the circumstances after the crime, are deemed unreasonable, and thus, the first instance sentence cannot be deemed unfair, and thus, cannot be maintained as it is unfair.

Therefore, the defendants' assertion is justified and the prosecutor's assertion is not accepted.

3. If so, the defendants' appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts and the summary of the evidence.

참조조문

-형사소송법 제364조 제6항

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