(영문) 대전지방법원 2018.09.14 2018노1743 | 리걸엔진

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(영문) 대전지방법원 2018.09.14 2018노1743

컴퓨터등사용사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. For the purpose of preparing gambling funds, the Defendant acquired or embezzled the sum of KRW 1.35 billion by means of cutting off money owned by the victim bank that he/she works for another account or by carrying money directly from the treasury.

The amount of damage is the maximum amount, and the damage has not been recovered.

It is inevitable to declare that the defendant has been sentenced for a considerable period.

However, the defendants recognize all of their crimes and repent.

The defendant's parents deposited KRW 20 million in the court for the victim bank with the money created by the defendant's parents after retirement of his/her work, and the defendant's guidance is being given to the defendant.

It seems that the defendant has no criminal history, and the youth of 30 years of age is still able to continue to be a sound social person in the future.

In full view of the above circumstances and other sentencing conditions as seen above, including the victim’s status, age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

The defendant's argument of sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the reasoning of the judgment below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, the selection of punishment for the crime, Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), and the selection of imprisonment, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Aggravation of Concurrent Crimes Act.

참조조문

-형법 제347조의2

-형법 제355조 제1항

-형법 제356조

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