logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.08.20 2014노6559
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. The judgment of this case is a case in which the defendant made a false workplace work document and obtained money from financial institutions that take part in the systematic criminal act by acquiring loans to the financial right 19 million won by acquiring the loans from the financial institutions that are victims. The means and contents of the crime are very poor, the victims did not make all efforts to recover damage, the situation after the crime is not good, such as failure to appear on the trial date after being served with a writ of summons of the trial date of the political party on July 2, 2015 and July 27, 2015, and all the sentencing conditions shown in the argument of this case, including the defendant's age, character and behavior, environment, family relationship, motive and circumstance after the crime, etc., are considered to be unfair since the court below's aforementioned assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow