(영문) 서울고등법원 2014.01.17 2013노3487 | 리걸엔진

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(영문) 서울고등법원 2014.01.17 2013노3487

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The crime of this case is a case in which the defendant acquired 1 billion won from the victim company as business funds, and the nature of the crime is not good in light of the method of crime and the degree of damage, the defendant's escape to Japan without making efforts to recover damage after the crime and return to Korea after about 6 years, and the defendant has a record of having been sentenced to punishment for the same kind of crime, etc., which are disadvantageous to the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant reflects the defendant's mistake in depth, that the defendant paid a considerable amount of money of 35 million won per month under the name of interest for one year immediately after the crime, and that the defendant's health is not good due to the decline in the urology and urology.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., various conditions of sentencing, and the sentencing guidelines of the sentencing guidelines of the Sentencing Commission of the Supreme Court [the decision of type] general fraud [the sentencing guidelines of the Sentencing Commission of the Supreme Court [the amount of 50 million won or more, and less than 500 billion won] [the special sentencing factors] are mitigated, or the degree of deception is weak [the scope of recommending punishment] mitigation area, 1 year and June-4 years, in full view of the case where the court below's sentence against the defendant is somewhat unreasonable, the defendant's ground for appeal is justified.

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 recognized by this court as well as summary of evidence shall correspond to the relevant column of the original judgment.

참조조문

-형사소송법 제364조 제6항

유사 판례

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