(영문) 청주지방법원 2015.04.17 2015노297 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.04.17 2015노297

사기등

Text

[Defendant A] The part concerning the crime of Articles 2 and 3 of the judgment of the court below shall be reversed.

Defendant

A As to the crime of Nos. 2 and 3 in its holding.

Reasons

1. The summary of the grounds for appeal (for the crimes No. 1 in the judgment of the court below, 6 months of imprisonment and 6 months of imprisonment, 6 months of imprisonment and 6 months of imprisonment) declared by the court below is too unreasonable.

2. Determination

A. Defendant A (i) recognized the instant crime and reflects his mistake.

In addition, the fact that the defendant suffers from tuberculosis, etc. is not good for health, and that it is necessary to support the mother's child with poor body due to old age, etc. are considered in favor of the defendant.

However, the instant crime was committed by deceiving money under the pretext of deceiving the victim and allowing him to operate the restaurant as if the Defendant was preparing for the instant development project, and the Defendant committed the same crime again for two years, even though he was sentenced to a suspended sentence on March 9, 2012 due to the same crime.

In addition, even if the defendant had been guilty of fraud, he has reached seven times in total (including two times in actual punishment and one time in suspension of the execution of the above), but continues to repeat the same crime.

In addition, it is not recognized that the punishment prescribed in the judgment of the court below is too unreasonable, considering all the circumstances such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., and the fact that the victim (E) has not yet been recovered from the damage.

We cannot accept this part of the defendant's argument.

The crime of this case in the part 2 and 3 of the judgment of the court below is highly likely to commit the act of fraud by taking money from the victim (O) by means of forging a construction contract under the name of another person and exercising it.

In addition, as seen earlier, the Defendant continued to have multiple criminal records, despite the majority of them.

유사 판례

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