(영문) 부산지방법원 2016.09.01 2016노1781 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.09.01 2016노1781

사기

Text

The judgment of the court below is reversed.

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

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

Reasons

1. The defendant asserts that the defendant's punishment of the court below (ten months of imprisonment) is too unfasible, and the prosecutor is too unfased and unreasonable.

2. The fact that the amount of fraud in this case is higher than KRW 140 million is unfavorable to the defendant.

However, taking into account the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the Defendant appears to have committed the instant crime as a result of the increase in financial difficulties in the course of managing the company; (c) the Defendant repaid the amount of KRW 15 million prior to the pronouncement of the lower judgment; (d) the Defendant paid the Defendant a full agreement with the victim; (c) there was no record of criminal punishment exceeding the same criminal record or fine; and (d) other various circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the motive and background leading up to the instant crime; (d) the circumstances after the instant crime; (e) the Defendant’s age, character and behavior, environment, health, etc., the sentence imposed

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.

(3) Article 369 of the Criminal Procedure Act provides that “The appeal by a public prosecutor shall not be dismissed unless the original judgment is accepted by the defendant and the original judgment is reversed).” The gist of facts constituting an offense and evidence is the same as that of the original judgment, and thus, the gist of facts constituting an offense and evidence recognized by the court shall be cited as

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

참조조문

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