logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.11.14 2014노1249
사기등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3.However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below is too heavy;

2. Determination of the facts that the amount of damage to the instant fraudulent act was not specified as KRW 60 million, and the crime of forging the instant private document and uttering of a falsified private document committed by the Defendant with the intent to borrow money as collateral by forging a pre-tax contract, which is a disposal document, is not good and the crime is not good. The Defendant is granted a grace period for repayment of debt by using a pre-tax contract, which is disadvantageous to the Defendant.

However, in the court below, the defendant deposited KRW 20 million to the victim E in the crime of fraud. In the court below, U, who is the manager of the company to which the defendant belongs, wishes to pay the remaining damages and agree with the victim E in lieu of the victim's agreement, etc., he did not borrow money as security according to the defendant's intent, there is a circumstance favorable to the defendant, such as the fact that the defendant led to the confession of the crime in the court below, and that the defendant supports the ageed child, and all other factors of sentencing as shown in the argument in this case, the sentence of the court below against the defendant is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is also ruled as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except to revise “1. The Defendant’s partial statement” in the summary of the evidence as “1. The Defendant’s oral statement” to “1. The Defendant’s oral statement at the trial,” the same as the respective corresponding columns of the judgment of the court below; and (b) thereby, it

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and Article 231 of the Criminal Act, respectively;

arrow