(영문) 의정부지방법원 2015.07.15 2015노772

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굵기

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자간(%)

(영문) 의정부지방법원 2015.07.15 2015노772

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable;

2. Determination of the facts that the amount of damage caused by each of the instant crimes is considerably large (in the case of fraud, excluding the right to operate a hospital, the value of which is not clearly specified, amounts to KRW 145 million, and in the case of embezzlement, amounts to KRW 30 million). Nevertheless, the Defendant’s active efforts did not recover from the damage is disadvantageous to the Defendant.

However, until the judgment of the court below, the defendant argued about the criminal intent of the fraud of each of the crime of this case until the court below, and it seems that the defendant committed the crime of this case without being detained for more than five months, and the defendant's mistake seems to have been divided in depth. The victim E has reached an agreement with the victim in the trial, and the victim E also has contributed significantly to the occurrence and expansion of the damage. The actual amount of the damage suffered by the defendant, such as recovery of KRW 100 million through the business of the hospital of this case, seems to be much less than the amount of the fraud recorded in the crime of this case. Each of the crimes of this case should consider equity with the case where the judgment was judged simultaneously in relation to the crime of fraud which was already finalized on June 21, 2014 and the latter concurrent crimes of Article 37 of the Criminal Act. The detention of the defendant would be likely to cause excessive difficulty to his family members, and all of the crimes of this case, including the circumstances, method and result of each crime of this case, are excluded from the sentencing guidelines.

In full view of the above, the sentence of the court below is considered to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

Criminal facts and the summary of evidence recognized by the court.

참조조문

-형사소송법 제364조 제6항

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