(영문) 의정부지방법원 2015.04.03 2015노453

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.04.03 2015노453

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

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

2. The judgment of the court below is based on the following facts: the Defendant, using his personal relationship with the victim, acquired the amount of approximately KRW 100 million by deceit, and the crime of this case is not less severe than that of such crime, etc., shall be deemed to be disadvantageous to the Defendant.

However, in light of all the circumstances, including the fact that the defendant recognized the facts of the crime of this case and against his mistake, that the defendant paid 58 million won to the victim and agreed smoothly with the victim during the trial, that there is no record of punishment except the fact that he was sentenced to the suspended sentence due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) which is in the relationship between the crime of this case and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act as stated in the first head of the crime of this case in the judgment of the court below, the balance between the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) should be considered at the same time as the crime of this case.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1. The summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for adding the defendant's oral statement to "the summary of evidence" as stated in the reasoning of the judgment of the court below, so it is identical to the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime (generally, the point of fraud and the choice of imprisonment);

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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