(영문) 인천지방법원 2017.03.16 2016노5275 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 인천지방법원 2017.03.16 2016노5275

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination of the crime of this case is acknowledged that the defendant, through a company without substance C, leased a high-priced vehicle in its name with C, etc. and disposed of it immediately, and the crime is not sufficient in light of the method of the crime and the amount of damage (name of approximately KRW 232 million).

However, the defendant recognized the crime of this case and agreed to the loan of this case to the limited company of this case (the first victim was one capital corporation, but one capital company transferred all the lease claims related to the above vehicle to the limited company of this case). The above victims did not want the punishment of the defendant, the defendant did not want to be punished, the defendant's actual acquisition profit seems to be relatively small compared to the damage amount, the social service Korea corporation of Lenz E300 vehicle of this case and the limited company of this case as the victim of Lenz 4 vehicle of this case who suffered from the damage of the victim of Lenz E30 vehicle of this case, and the defendant was punished by a fine of this case, the defendant's imprisonment and fine of this case is more than 20,000 won, the defendant's imprisonment and fine of this case is more than 10,000 won, the defendant's imprisonment and fine of this case is more than 20,000 won after taking into account the following facts:

Recognized.

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

[Grounds for the judgment to be used again] Summary of facts constituting a crime and evidence

유사 판례

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