(영문) 부산지방법원 2014.09.05 2014노1333 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.09.05 2014노1333

사기

Text

1. The part concerning Defendant A among the judgment below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted Defendant B on the ground that Defendant B committed the crime of fraud of this case in collaboration with Defendant A by delivering the instant design to the victim with Defendant A, receiving the price from the Plaintiff to the account opened in his own name, etc., and thus, Defendant B was not guilty.

B. The punishment of Defendant A (one year and six months of imprisonment) of the lower judgment is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the grounds for appeal by the prosecutor, the victim remitted the amount of KRW 130 million to the account of the defendant Eul on July 22, 2011, and the defendant B accompanied the defendant Eul on or around July 2011 and delivered the victim's destination to the victim. However, in light of the fact that the defendant B and the defendant A are the mother-child, the above fact of recognition alone is insufficient to readily conclude that the defendant A committed the crime of this case, which acquired the amount of KRW 130 million from the victim, jointly with the defendant Eul, and there is no other evidence to acknowledge it, and the prosecutor's assertion is without merit.

B. In full view of all matters concerning the determination of Defendant A’s grounds for appeal that led to the confession of Defendant A in the first instance trial and agreed with the heir of the victim, the above Defendant has no same criminal records, and the above Defendant’s age, occupation, and other matters concerning the sentencing specified in the records and arguments of this case, the judgment below’s punishment is deemed unfair, and thus, the above Defendant’s assertion is with merit.

3. According to the conclusion, the prosecutor's appeal against the defendant B is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and since the defendant A's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning defendant A among the judgment below is reversed and the pleading

참조조문

-형사소송법 제364조 제4항

-형사소송법 제364조 제6항

유사 판례

-부산지방법원 2014.4.9.선고 2013고단5292 판결

-부산지방법원 2014.04.09 2013고단5292

-의정부지방법원 2013.07.23 2013고단1915

-춘천지방법원 2013.01.23 2012노868

-전주지방법원 2013.12.20 2013노1084