(영문) 인천지방법원 2016.11.25 2016노2447 | 리걸엔진

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(영문) 인천지방법원 2016.11.25 2016노2447

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution and eight hours of community service order for six months of imprisonment) declared by the court below is too unfasible and unreasonable.

2. The judgment of the court below is that each of the crimes of this case was obtained by deceptioning KRW 50 million by means of false supply and purchase using the victim's trust in the transaction relation. The crime of this case is considerably poor in light of the circumstances, method and scale of the crime, and the victim's strong punishment against the defendant. However, there are circumstances unfavorable to the defendant, such as the defendant's mistake and reflectness, the defendant's selling of the rice of the company to which the victim belongs at a price significantly lower than the proper selling price, and the defendant's selling the rice of the company to which the victim belongs at a price that is considerably lower than the proper selling price, and the defendant's personal loss is not caused by the crime of this case. The defendant deposited KRW 5 million for the victim. The defendant deposited more than 5 million for the victim, and deposited more than 9 million for the first time in the trial, and there is no history of criminal punishment exceeding the fine of this case, and all of the punishment conditions of this case, such as the defendant's age, character, circumstance, motive, motive, means and scale, relation with the victim and circumstances after the crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

However, the facts constituting the crime of the judgment of the court below in the first instance shall be corrected to K of the Co., Ltd., and Article 62 (1) of the Criminal Act and Article 60 (3) of the Juvenile Act in the third page 8 as the "Article 62 (1) of the Criminal Act and Article 60 (3) of the Juvenile Act" are obvious that they are errors in writing under Article 62 (1) of the Criminal Procedure Act. Thus, ex officio under Article 25 (1) of the Regulations on Criminal

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