(영문) 인천지방법원 2015.04.10 2015노705 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.04.10 2015노705

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (ten months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts does not have the fact of deceiving the victim in collusion with Defendant A as stated in the lower judgment. (2) The lower court’s sentence of unfair sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. The facts that Defendant A led to the confession and reflect of the instant crime are favorable. However, even if the Defendant received the purchase price from the victim, the instant crime is committed by deceiving the victim of money under the pretext of contract deposit and intermediate payment by deceiving the victim even though the Defendant did not have the intent or ability to transfer the registration, and is not good in light of the circumstances of the instant crime and the method of the crime. In full view of the following: (a) the amount of damage caused by the instant crime is not significant; (b) the amount of damage is not agreed with the victim; (c) the same criminal record is one time; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; and (b) the circumstances before and after the instant crime, it is not unreasonable for the lower court’s punishment against

B. As to Defendant B’s assertion of mistake of facts, the lower court duly adopted and investigated the following circumstances, namely, ① the victim was present at the time of Defendant A’s attendance at the investigative agency up to the court of the lower court’s trial, and Defendant B from time to time had to manage the funds of Defendant A’s business, and Defendant B stated to the effect that there was no problem in the contract when her fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly, the victim’s fly fly fly fly fly fly fly fly fly, and

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