logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.12.04 2015노1469
사기
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. The sentencing of the court below (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. Ex officio determination

(a) In the case of fraud, if the money is acquired by deception on several occasions with the same victim, only the blanket crime of fraud shall be established if the criminal intent is single and the method of crime is the same.

(See Supreme Court Decision 2005Do8645 Decided February 23, 2006). B.

Each of the crimes of this case is a single criminal intent, and the same method of crime is the same, and the date of the crime is relatively close to the date of the crime.

Examining these circumstances in light of the legal principles as seen earlier, a single comprehensive crime of fraud is established against the instant crime.

On the contrary, the court below erred by misapprehending the above legal principles and thereby adversely affecting the conclusion of the judgment.

The judgment of the court below shall no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1), Articles 347(1), 34(1), and 31(1) of the Criminal Act concerning the crime, the choice of fines, and the choice of fines;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. The crime of this case for the reason of sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as the following circumstances) is not good for the defendant to commit the crime of this case by deceiving the victim and deceiving him/her total of KRW 25 million. However, the defendant does not have to be sentenced to the previous crimes and sentence, and is not subject to the crime.

arrow