(영문) 춘천지방법원 2018.04.20 2018노102 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.04.20 2018노102

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence of the lower court (a year of imprisonment, an additional collection of KRW 50 million) is too unreasonable, which is the gist of the grounds for appeal.

2. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes of this case) is an act of causing damage to the social trust of the non-purchase of the fair performance of duties performed by the executives and employees of a financial institution and disturbing the financial order, which is disadvantageous to the defendant.

On the other hand, the defendant seems to have committed each of the crimes of this case when he was found to have committed the crime of this case in the first instance. The defendant has an opportunity to reflect because he was detained for more than two months, in the case of the fraud of this case, the defendant has been withdrawn from filing a complaint by fully repaying the loan to the victim. In the case of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) of this case, the defendant is deemed to have committed the crime of this case, not a professional loan hub, but a variety of business operations for D, and it has not been confirmed that the illegal method has been involved in the loan procedure or the decision on the amount of loan has not been verified to have been involved, and the defendant has agreed to repay or pay part of the loan amount to E, and paid the full amount of 50 million won

In addition, in full view of various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence of the court below is somewhat inappropriate.

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, and the judgment below is ruled again after pleading as follows.

[Judgment] Facts constituting an offense and summary of evidence recognized by the court, as well as facts constituting an offense.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

유사 판례

-서울고등법원 2018.03.28 2017노3687

-서울고등법원 2018.08.30 2018노879

-광주지방법원 2019.11.21 2018고단2848

-서울중앙지방법원 2018.11.23 2018노1275

-서울중앙지방법원 2018.04.25 2017고단4576