(영문) 창원지방법원 2014.04.17 2013노2457 | 리걸엔진

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(영문) 창원지방법원 2014.04.17 2013노2457

사기

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. The Defendant’s act of deceiving the victim B (hereinafter “victim”) due to the Defendant’s act of defraudation of this case is not a total of KRW 19.4 million, and the fact that the Defendant was unable to make a substantial repayment of damage to the victim is an unfavorable condition to the Defendant.

However, in full view of all the circumstances, such as the confession and reflect nature of the defendant, the degree of deception of the defendant is relatively minor, the defendant's agreement with the victim who agreed to pay 20 million won to the victim later, and the defendant does not want the punishment of the defendant later, and the defendant does not have any criminal record other than the one-time fine due to drinking driving, the defendant's character, conduct and environment, the circumstances and results of the crime of this case, and the circumstances of the sentencing as shown in the records and arguments, etc., the punishment imposed by the court below is somewhat inappropriate and it is recognized that the defendant's above argument is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

2. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

참조조문

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