logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.10.29 2015노2125
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for six months and the second instance judgment: imprisonment with prison labor for one year and four months) is too unreasonable.

2. The court of the trial at the discretion of the court below decided to hold a joint hearing of each appeal case of the judgment below.

The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

Therefore, all judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court is as follows, except for the case where the "1,00,000 won" is deemed as "1,00,000 won" in the attached list of crimes (1) 2 of the second judgment, and the "1,00,000 won" in the attached list of crimes (1) of the second judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 360(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Finance Business Act (including the use of the lost credit card, the use of the lost credit card), Article 70(1)3 of the Specialized Credit Finance Business Act, as to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. From among concurrent offenders, the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act do not abuse personal trust relationship and obtain money from victims or return another person's identification card, etc. obtained, and used it for committing a crime. In light of the amount of fraud and the method of fraud, it is not appropriate to commit a crime.

arrow