(영문) 대구지방법원 2017.01.12 2016노996 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 대구지방법원 2017.01.12 2016노996

사기

Text

The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for eight months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) against the Defendant is too unreasonable.

2. The judgment of the Defendant is the primary offender who has no specific criminal history, the Defendant recognized the instant crime and against his mistake. The instant crime was committed by the Defendant during the course of running a travel business, and there are some circumstances to consider the background of the crime, etc., and the Defendant agreed with some victims, and the Defendant recovered a considerable portion of the amount of damage (the Defendant paid the victim B KRW 7 million to the victim D, KRW 2 million to the victim D, and KRW 1.8 million to the victim E in the first instance trial, and the Defendant agreed with the victim M and H respectively.

In addition, when it comes to the first instance trial, Samsung C, B, E, and D paid 13,272,00 won of the insurance amount that local government officials are liable to compensate for damages, and the Defendant paid 13,270,000 won of the indemnity to Samsung T&T Co., Ltd., which is favorable to the Defendant.

On the other hand, the crime of this case was committed against many victims for a considerable period of time, and the nature of the crime is not good, and the amount of damage is considerable ( approximately KRW 35 million) and is disadvantageous to the defendant.

Considering the above circumstances and other circumstances, such as the character and conduct of the defendant, the environment, the motive, means and method of the crime, and the circumstances after the crime, the sentencing conditions specified in the records and arguments in this case, the sentence of the court below is deemed unfair.

Therefore, the defendant's argument is justified.

3. In conclusion, the defendant's appeal is with merit, and the judgment of the court below (excluding the part concerning the application for compensation order) is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence presented by this court is the column of the judgment below.

유사 판례

-의정부지방법원 2017.04.13 2017노142

-광주지방법원 목포지원 2016.02.01 2015고단1493

-서울중앙지방법원 2016.01.21 2014고정1836

-대구지방법원 2018.02.14 2017노3734

-부산지방법원 2016.08.26 2016노1864