(영문) 전주지방법원 2015.12.11 2015노1366 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.12.11 2015노1366

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been committed by deceiving a victim by deceiving him by means of lending 5,630,000 won, such as the method of crime, contents, and result, and the defendant plays a role of withdrawing the remitted money, in collusion with a name-free person, E, and F, etc. In order to use it for telephone financing fraud, it is necessary to punish the defendant strictly. Considering the fact that the crime of Boscam is a serious criminal that has a great harm to society by deceiving an unspecified number of money in a systematic and planned manner, and that the degree of the defendant's participation is not easy as it is essential for the criminal of Boscaming, and that the defendant's participation in cash withdrawal business in which the defendant takes charge of the defendant is not easy.

However, there are extenuating circumstances in favor of the defendant, such as the fact that the defendant led to the confession of the crime of this case, the period in which the defendant committed the crime of this case is relatively short, that the defendant agreed with the victim, that the defendant contributed to the arrest of the accomplice, that the defendant has no record of criminal punishment, that the defendant has been detained for five months or more, and that the defendant seems to have had the time of reflective and self-esteem. Considering all the above circumstances and all other sentencing conditions specified in the argument of this case, such as the defendant's age, character, conduct and family environment, the punishment of the court below is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

b) the summary of the evidence and evidence.

참조조문

-형사소송법 제364조 제6항

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