(영문) 서울서부지방법원 2013.03.26 2012노1512

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2013.03.26 2012노1512

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. In addition, the Defendant, even though his financial position is not sufficiently sufficient, issued a check or borrowed funds from the victims to cause considerable damage to each victim, and the amount of the check in arrears reaches KRW 91,8480,00,000, and the amount acquired by deception is very large as KRW 69,67 million.

However, the defendant recognized the facts charged in this case and reflected against it, and in some cases, it seems that the criminal intent of defraudation was somewhat weak as it was caused by willful negligence in the case of a part of the fraud crime. The victim G and H withdrawn the criminal complaint against the defendant at the court below with the largest amount of damage (320 million won out of 696.7 million won) among the fraud crime in this case. At the time of the trial, the victim G and H have reached an additional agreement with the victim I (amount of damage 155 million won) out of the fraud crime in this case. In full view of all the circumstances, the defendant's age, character and behavior, environment, motive and means of the crime in this case, circumstances after the crime, etc., the imprisonment (2 years and 6 months) declared by the court below seems to be somewhat unreasonable, and thus, the defendant's assertion of unfair sentencing is accepted.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Criminal Order

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of default on payments after the issuance of a check: Article 2 (2) and (1) of the Control of Illegal Check Control Act (Selection of Imprisonment);

(b)the point of fraud:

참조조문

-부정수표 단속법 제2조 제2항

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

-수원지방법원 2013.08.14 2013노1819

-서울고등법원 2013.01.31 2012노1899

-대전지방법원 2014.12.18 2014노1629

-수원지방법원 2015.05.29 2014노6017

-서울북부지방법원 2014.06.19 2014노435