(영문) 창원지방법원 2015.01.28 2014노2781 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2015.01.28 2014노2781

사기

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

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

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (six months of imprisonment) excessively unreasonable.

2. The crime of this case, although the defendant did not have the intent or ability to repay, means that the employee of the victim ridcop corporation is working for the company of this case, provided a car as security, obtained a loan of KRW 20 million from the victim and acquired it by fraud. There are unfavorable circumstances, such as the fact that the amount of damage caused by the crime of this case is not significant.

However, the court below recognized that all of the crimes of this case are recognized by the defendant, there is no criminal record that the defendant was punished for the same crime, or that the defendant was punished for suspension of qualification or more severe punishment, and that the defendant deposited KRW 2,000,000 in the victim's future in order to recover damage in the court below. The court below recognized that the victim did not want the punishment by agreement with the victim, that the defendant was detained for about three months, and that the defendant was detained for a certain period of time. Considering the defendant's age, character, character and environment, means and consequence of the crime, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, the punishment of the court below is somewhat inappropriate.

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 on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

참조조문

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