logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.08.28 2015노974
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

The summary of the grounds for appeal by the defendant is too unreasonable in light of the circumstances such as the fact that the defendant is against himself, the amount of profit acquired by the defendant in this case is only three million won, and deposit 2.2 million won for the victim.

In light of the circumstances such as ① a crime by which multiple persons conspired to make a false document, such as a certificate of employment, a lease contract, etc. and by using a false document, and the quality of the crime is inferior; ② the amount of the fraud of this case reaches KRW 50,000,00, and ③ the Defendant has the record of punishment twice prior to the crime of this case, it appears that the amount of profit acquired by the Defendant who served as a false lessor is much smaller than the above amount of fraud; ② the amount of profit acquired by the crime of this case seems to be much smaller than the above fraud; ③ the Defendant deposited for the victim, ③ the sum of KRW 2.2 million at the lower court, KRW 2.8 million at the trial; ④ the Defendant deposited for the victim, ④ the age, character and conduct of the Defendant, intelligence, environment, relationship with the victim, motive for the victim, means and consequence of the crime of this case, etc.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is

Criminal facts

The summary of the defendant's criminal facts and the summary of evidence is as follows, except for the change of "crime of aiding and abetting by fraud, etc." in the part of the crime of the judgment below to "crime of aiding and abetting by fraud, etc." as "violation of Electronic Financial Transactions". Thus, the judgment below is as stated in each corresponding column of the judgment below.

arrow