(영문) 서울동부지방법원 2013.12.27 2013노855

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) 서울동부지방법원 2013.12.27 2013노855

사기

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for not more than five months.

provided that this ruling has become final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court against Defendant A (five months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts is a person employed by a company A, a substantial operator of the company, who was unaware of the fact that A acquired money from the victim G as the price for airline tickets, and only used the money transferred to the Defendant’s account according to A’s instructions to repay the company’s debt.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

(2) The sentence imposed by the lower court on the Defendant (a fine of three million won) is too unreasonable.

2. Determination

A. Defendant A’s assertion of unfair sentencing is under extenuating circumstances such as the Defendant’s deception by deceiving victims with a conclusive criminal intent even though the victims did not have the intent or ability to receive aviation tickets, the Defendant had been subject to criminal punishment for the same kind of crime as this case even before and after the Defendant had been sentenced to a suspended sentence of 2 years on November 17, 2009, and the Defendant committed each of the crimes of this case during the suspended sentence of 10 months in Sungnam branch of Suwon District Court, which was sentenced to a suspended sentence of 2 years on November 17, 2009. However, the lower court recognized the Defendant’s mistake. However, the lower court agreed with the victim H and deposited 2 million won for the victim G, following the Defendant’s agreement with the victim H and deposited 2 million won for the victim G, and the motive and circumstance favorable to the Defendant, the means and result of the crime, the age of the Defendant before and after the crime, the Defendant’s age, personality and behavior, occupation, and other circumstances indicated in the records.

B. Determination of the mistake of facts by Defendant B (1)

유사 판례

-대구지방법원 2014.10.16 2013노3978

-인천지방법원 2014.03.21 2013노3588

-대구지방법원 2018.01.19 2017노3408

-서울동부지방법원 2019.08.09 2019노650

-서울중앙지방법원 2019.07.12 2019노1036