logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.01.09 2013노2815
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Each of the crimes of this case, even under the circumstances where the defendant could not be economically and sufficiently enough, deceiving the victims who trusted the defendant and provided the guidance, and using them as the husband's business fund by deceiving them from them, and the nature of the crime is not less than that of the crime. The total amount of fraud is less than 58 million won, which is disadvantageous to the extent of the damage.

However, it is against the defendant's past person who has no past history of punishment, and it is against the defendant's depth. The circumstances leading to each of the crimes of this case have been observed in the wind that the defendant operated a system faithfully without any particular problem for about 10 years, and the defendant's business is difficult, and other members except the victims who did not receive the time limit money from the defendant knew the above circumstances, and have prepared and submitted a written application to appeal the defendant against the defendant. The defendant resolved 4,275 million won out of the total amount acquired through agreement with the victim D, G, and H in the trial process of the court below and the court below, and decided 4,275 million won out of the total amount acquired through the victim D, G, and H, and now repayment of the remaining amount acquired through the restaurant employee. Considering the above circumstances and the defendant's tendency, it cannot be said that the risk of recidivism is high, considering the above circumstances, and the defendant's age in light of the above circumstances and so on, it is hard to support the defendant's family status too heavyly.

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 the evidence and the summary of the evidence;

arrow