(영문) 창원지방법원 2014.09.17 2014노1370 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.09.17 2014노1370

사기

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1. The judgment below is reversed.

2. Defendant B shall be punished by imprisonment with prison labor for five months and by imprisonment with prison labor for six months.

Reasons

1. The summary of the grounds for appeal (one-year imprisonment) by the lower court is too unreasonable.

2. The crime of this case, even though the Defendants did not have the intent or ability to repay, said act means that the Defendants would make payment to the victims G in lieu of the construction cost that the Defendants would have to pay to the Defendants within the two years of age, and thus, deceiving the victims G and caused the victims Q to pay the amount equivalent to KRW 130 million of the said construction cost on behalf of the victims G. If the Defendants lent the amount of KRW 15 million of the said construction cost to the victims Q within 10 days, the Defendants deceiving the victims Q and remitted the amount of KRW 15 million from the victims Q to the amount of KRW 15 million. Thus, there is a relatively large amount of damage caused by the crime of this case, and the Defendant C had the records of punishment for the same kind of crime in the past.

However, in full view of the above circumstances, the court below’s punishment is somewhat unreasonable in light of the following circumstances: (a) the Defendants recognized all of the instant crimes; (b) the Defendants agreed with the victims; (c) the Defendants did not want the Defendants’ punishment; (d) the Defendants recovered the considerable part of the damage inflicted upon the victims G; and (e) Defendant B did not have any previous conviction or heavier punishment; and (e) the Defendants’ age, character and conduct, environment, how the Defendants led to the instant crimes; (e) the background leading up to the instant crimes; and (e) the means of the instant crimes; and (e) the circumstances after the instant crimes, etc.

Therefore, the defendants' arguments are justified.

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

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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