(영문) 서울남부지방법원 2018.05.25 2018노426

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.05.25 2018노426

사기등

Text

The guilty part of the judgment of the court below is reversed.

The defendant shall be punished by imprisonment for the crime of fraud.

Reasons

1. The summary of the grounds for appeal (unfair sentencing), which the court below rendered (the charge of forging a private person, the charge of committing a perjury, the charge of forging a private document: 3 months of imprisonment, and the charge of forging a private document: 1 year and 6 months of imprisonment), is too unreasonable.

2. Determination

A. The fact that the part of the crime of forging a private person, the crime of forging a private document, and the crime of forging a private document is against the defendant's wrong recognition, is favorable to the defendant, but considering the defendant's age, sexual conduct, means and consequence of the crime, and all other sentencing conditions specified in the records and changes of the case, the sentence imposed by the court below on the defendant in relation to this part is judged appropriate, and is too unreasonable, and therefore, this part of the defendant's assertion is without merit.

B. The Defendant has been subject to criminal punishment several times, and committed a crime of fraud during the suspension of the execution of imprisonment.

Such fraud is very bad for the crime of forging documents and completing the registration of the establishment of a false collateral security and taking advantage of the false collateral security to acquire 300 million won or more from the injured party.

However, the fact that the defendant recognizes his mistake and is against the defendant, and that the defendant does not want the punishment of the defendant is favorable to the defendant.

In full view of the defendant's age, sexual conduct, means and consequence of the crime, and all other sentencing conditions shown in the records and changes in the above circumstances, since the sentence imposed by the court below on the defendant in relation to this part is too unreasonable, it is recognized that the sentence imposed by the court below is too unreasonable. Thus, this part of the defendant's argument is with merit.

3. Accordingly, the Defendant’s appeal as to the guilty part of the judgment of the court below as to the charge of forging a private person, the charge of conducting a perjury, and the charge of forging a private document.

유사 판례

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