(영문) 서울남부지방법원 2015.09.18 2015노1065

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(영문) 서울남부지방법원 2015.09.18 2015노1065

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

The summary of the grounds for appeal by the defendant is too unreasonable in light of the circumstances such as the payment of damages to the defendant and the smooth agreement with the victim, and the violation of the law, the punishment for six months sentenced by the court below is too unreasonable.

In light of the circumstances such as: (a) three times the Defendant had been punished before the instant case; (b) the Defendant included two times the past penalties for the same crime as the instant case; (c) the Defendant was aware that the judgment of the lower court was pending; (d) the Defendant did not comply with the summons of the lower court despite being aware that the judgment of the lower court was pending; (b) the defrauded amounting to KRW 10,000,000 was acquired on or around May 12, 2012; (c) the Defendant first paid KRW 4,50,000 for the first time on September 17, 2014; and (d) the Defendant failed to repay KRW 5,500,000 on June 30, 2015; (d) the Defendant was against the Defendant’s personality and behavior; (e) the Defendant’s age, intelligence and environment; (e) the relationship with the victim; and (e) the motive and consequence of the crime; and (e) the circumstances that appeared in the instant case.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is the same as that of each 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 on the suspension of execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;

참조조문

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