(영문) 서울남부지방법원 2015.07.17 2015노812

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Reasons

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자간(%)

(영문) 서울남부지방법원 2015.07.17 2015노812

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. Summary of grounds for appeal;

A. In light of the following circumstances: (a) the public prosecutor’s criminal act of this case was committed by a systematic crime and the crime was inferior; (b) the amount of the fraud of this case reaches KRW 80,000,000; (c) the amount acquired by the Defendant reaches KRW 20,000,000; (d) the accomplice who acquired gains of KRW 7,000,000 through KRW 8,000,000 out of the amount of the above defraudation was punished by imprisonment for four months; and (e) the Defendant did not endeavor to pay for the damage, the punishment for six months imposed by the court below is too unreasonable.

B. In light of the fact that the defendant did not gather the crime, the punishment for six months sentenced by the court below is too unreasonable.

2. Considering the circumstances that the defendant did not lead the crime of this case but merely participated, even though the defendant does not take into account: ① the case is a crime that multiple persons conspired to prepare a false document, such as a certificate of employment, a lease contract, etc., and obtains a house chartered fund by using it, and the nature of the crime is inferior; ② the amount of fraud of this case is up to KRW 80,00,000; ③ the defendant has acquired KRW 20,50,000 out of the above money by himself/herself; ④ the defendant does not pay the above amount up to the trial; ④ the defendant does not pay the above amount up to six times the amount of punishment up to the criminal punishment up to the day of the crime of this case; ④ The defendant's age, character and behavior, intelligence and environment; ⑤ the motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of punishment sentenced by the court below is deemed unfair.

3. As a result, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading

Criminal facts

The summary of the evidence and criminal facts of the defendant and the summary of the evidence are as follows.

참조조문

-형사소송법 제364조 제6항

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