(영문) 서울서부지방법원 2013.12.03 2013노168

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(영문) 서울서부지방법원 2013.12.03 2013노168

사기등

Text

The judgment of the court below is reversed.

In the case of fraud against the defendant against the victim C, two months of imprisonment and the rest of each crime.

Reasons

1. The summary of the grounds for appeal is too heavy (the two-month imprisonment with prison labor and the four-year imprisonment with prison labor for the remaining crimes against the victim C) that the court below pronounced.

2. The Defendant, as stated in the first head of the judgment below, was sentenced to two years of imprisonment for a crime of fraud, as stated in the judgment below, and committed a crime of fraud against AB on October 28, 201 when three months have elapsed since the paroled on October 28, 201, and committed the remaining crimes except for a crime of fraud against AB against the victim within the repeated crime period. The amount of damage caused by each of the of the instant crimes exceeds KRW 90 million, and the amount of damage suffered by the victims has not been repaid to the victim is an element of sentencing unfavorable to the Defendant.

However, the court below's punishment against the defendant is somewhat unreasonable if the defendant recognized all of the crimes of this case, agreed with AS and Y in the trial, partly repaid to the victim AB, the defendant's support for the old and the physically disabled children in the process of suffering from economic difficulties by supporting the defendant alone after the divorce, and there are other circumstances that can be considered in light of the circumstances, and other various sentencing conditions specified in the argument of this case.

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

Criminal facts

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

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Each fraud: Article 347(1) of the Criminal Code provides that the fraud by the use of credit card to the victim AB shall be covered respectively.

참조조문

-형법 제347조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

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