(영문) 청주지방법원 2014.04.17 2014노11 | 리걸엔진

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(영문) 청주지방법원 2014.04.17 2014노11

사기

Text

The judgment below

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

Defendant shall be punished by imprisonment for a period of one year and four months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

In this case, the prosecutor changed the facts charged in this case to "a total of KRW 28,850,500,00 in total over 117 times, such as the statement in the list of crimes in the attached sheet of the court below" and applied for changes in the attached list of the court below to "a total of KRW 25,252,50,00 in the above account and acquired it by transfer through the above account, etc." and applied for changes in the attached list of crimes in the annexed list of the court below. Since this court changed to the list of crimes in the annexed list of the court below, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and the following is again decided

【Judgment which has been written in Dao] The summary of the facts constituting a crime and evidence recognized by this court shall be changed to "a total of KRW 28,850,50,500 in total over 117 times as shown in the list of crimes in attached Form 14 of the judgment of the court below" among the facts constituting a crime of the court below, and "a total of KRW 25,252,500 in total over 102 times as shown in the list of crimes in attached Form 102 shall be taken over and taken over through the above account, etc." and the judgment of the court below shall be the same as the corresponding column of the judgment of the court below except for the alteration to the list of crimes in attached Form 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment.

참조조문

-형법 제347조 제1항

-형사소송법 제364조 제2항

-형사소송법 제369조

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