(영문) 춘천지방법원 2013.10.23 2013노460 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2013.10.23 2013노460

사기등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years and six months of imprisonment) is too unreasonable.

2. The judgment was examined, and the crime of this case was committed by deceiving and embezzling about 530 million won against many victims over a long-term period of time, and the nature of the crime and the crime were not less than 530 million won in light of the substance thereof. However, although the defendant is in depth divided his mistake, the defendant reached an agreement with the victim G (amount of damage amount of KRW 20390,000), victim AK Co., Ltd. (amount of damage amount of KRW 20,000), victim H (amount of damage amount of KRW 3 million), etc. Other various sentencing conditions, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing guidelines of the Supreme Court [1.................., types of general fraud types (amount of KRW 500,500,000), the aggravated punishment area (amount of less than 17 years to 7 years recommended).

2. Type 1 (less than KRW 100,00) of the embezzlement crime, the amount of recommendations and penalties for the basic sphere (from April to April);

3. Considering the recommended sentence according to the criteria for handling multiple crimes (two to seven years of imprisonment), the sentence of the court below is deemed to be unfair, and the above argument by the defendant is reasonable. Thus, the defendant's appeal is justified. Then, the part of the court below's judgment excluding compensation order among the court below's judgment pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the facts constituting the crime recognized by the court in the case of multiple cases are as follows. The facts constituting the crime of this court's judgment excluding compensation order in accordance with Article 364 (6) of the Criminal Procedure Act are as follows. The defendant's appeal is reversed, and it is again decided as follows: 【B's account M of the National Bank' in the name of the defendant J. 3 to four (3) of the court below's decision 'B

참조조문

-형사소송법 제364조 제6항

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