(영문) 의정부지방법원 2016.01.29 2015노3327

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.01.29 2015노3327

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The seized No. 1 (Al. 6 Lphones).

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (in 10 months of imprisonment, confiscation) is too unreasonable.

2. In light of the fact that the instant fraud crime is an organized and intelligent crime of the so-called telephone finance fraud that acquires money from many unspecified victims, and that it is difficult to crack down because the method of crime is secret and planned, and there is a need for strict punishment, and that there is a clear recognition that the Defendant committed the crime by participating in the telephone finance fraud organization, in light of the role of the Defendant, etc., it is deemed that there is a clear recognition that the Defendant committed the crime.

However, in full view of the following circumstances: (a) the Defendant recognized the facts of the crime and recognized his mistake; (b) the Defendant did not withdraw the deception and did not actually incur monetary damage; (c) the Defendant compensated the victim for mental damage in the trial; (d) there was no record of other criminal punishment in Korea; (b) there was a dependent; and (c) the Defendant’s age, sex, intelligence and environment; and (d) the circumstances, motive, means and consequence leading to the instant crime; (c) the circumstances after the crime; (d) criminal records; and (e) the criminal records; and (e) the criminal records, the criminal records, the criminal records, and family relations, which are the conditions for the instant sentencing, the Defendant’s assertion is reasonable, since it is recognized that maintaining

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as stated in each corresponding column of the reasoning of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

참조조문

-형법 제347조

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