logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.04.06 2017노1560
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. The judgment of the defendant actively participated in the crime, such as exercising forged documents as a false tenant, and the crime of this case is unfair in light of all kinds of sentencing circumstances including the defendant's age, sex, family relationship, motive, means, and consequence, etc., when taking into account the fact that the defendant deposited 25 million won of the profit he acquired for the victim's new bank in the first instance, and he did not have any record of being sentenced to the suspension of qualification or more before the crime of this case, and there is no record of being sentenced to the suspension of qualification or more, and the defendant's age, sex, family relationship, motive, means and consequence of the crime of this case.

Defendant’s assertion is with merit.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's improper argument in sentencing is with merit, and the judgment below is again ruled after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows, and the summary of the evidence is as stated in each corresponding column of the judgment of the court below. Thus, it is cited by Article 369 of the Criminal Procedure Act as it is.

The judgment below

Part II: “B (B) prosecution on December 26, 2016)” in Part B No. 10 is called “B.”

The judgment below

Part 2 of the sentence 13 and 14 "C (the indictment of non-detained on December 26, 2016)" are "C".

The judgment below

Part 2 of the sentence 15 and 16 of the sentence "D (which was prosecuted on December 29, 2016 and sentenced to imprisonment for one year on January 25, 2017, and which was pending in the appellate trial)" are "D".

The judgment below

Part II, "E (E) was indicted on December 29, 2016, and was sentenced to 10 January 25, 2017," respectively.

arrow