(영문) 전주지방법원 2015.03.13 2014노1177 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.03.13 2014노1177

사기

Text

1. The part of the judgment of the court below as to the crime Nos. 4 through 7 is reversed.

2. The crime of Articles 4 through 7 of the Judgment of the Defendant is committed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below against the defendant (the crime of paragraphs 1 through 3 at the time of sale: imprisonment of 1 year and 6 months, and the crime of Articles 4 through 7 in its decision: imprisonment of 1 year and 6 months) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. As to the crimes of Articles 1 through 3 of the judgment of the court below, the crime of this part is a normal situation favorable to the defendant. Considering the above circumstances and other various conditions of sentencing in this case including the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., the crime of this part of the judgment of the court below is a large amount exceeding 370 million won by deceiving the victims while only the defendant was in an indefinite business plan, and the defendant did not reach an agreement with the victims, etc. It is also unfavorable to the defendant. In relation to the crime of Article 2 of the judgment of the court below, the defendant also has an aspect of deceiving from H, etc., and the defendant recognizes and reflects each part of the crime, and deposits the amount of damage for Q at the trial, and the equality in the case where the crime of this part of the judgment of the court below should be punished together with the victim after the crime of this part of the judgment of the court below becomes final and conclusive. Thus, considering the various circumstances that become the conditions of sentencing in this case.

B. As to the crimes of Articles 4 through 7 of the holding of the court below, considering the fact that some of the crimes of this part among these crimes are under the suspension period of the execution of imprisonment, which is sentenced to criminal fraud, which is the same kind of crime, and that the amount obtained by the defendant from victims exceeds the total of KRW 130 million, it is necessary to strictly punish the defendant.

However, the defendant recognizes each of these crimes.

유사 판례

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