(영문) 광주지방법원 2015.06.18 2015노342 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.06.18 2015노342

사기등

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the Defendant committed each of the instant crimes by preparing false documents and using litigation fraud, etc., the crime is not good in light of the fact that the Defendant committed each of the instant crimes, and the Agricultural Cooperative Asset Management Company has harmed the fairness of bidding with the Defendant’s false lien claim and has spent unnecessary litigation costs, etc., the victim C wanted a strict punishment against each of the Defendant on the ground that the Defendant did not reflect the truth, such as threatening himself/herself after the judgment of the lower court was rendered.

On the other hand, the defendant is divided into and against his mistake in the appellate trial, and the amount of KRW 450 million of his own lease deposit cannot be recovered due to the auction by the Furur, there are circumstances to consider the crime of this case. After the judgment of the court below, the whole amount of the money obtained by deceit for victims C has been deposited for the same crime so far, and the defendant's favorable circumstances, such as the age, character and behavior, environment, the background and result of the crime of this case, and the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee on all sentencing conditions in this case, including the circumstances after the crime, etc., and the scope of guidelines for sentencing (not less than six months of imprisonment) [the scope of recommending punishment] of the basic area (not less than 10 million won) of types 1 (not more than 6 months and 16 months) [special mitigation (Ga)] of general fraud / [the special mitigation (Ga)] of damage recovery / The defendant's allegation that the above punishment of fraud has not been established for more than six months since it was very poor or fraudulent in the trial procedure.

3. Accordingly, the defendant's appeal is justified.

유사 판례

-대구지방법원 2015.10.02 2015고단1228

-대구지방법원 2015.07.16 2015노1580

-부산지방법원 2015.06.25 2015고단1568

-대전지방법원 2014.04.24 2014노294

-제주지방법원 2014.12.24 2014고단1013