(영문) 창원지방법원 2014.04.30 2014노621 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.04.30 2014노621

사기등

Text

1. The judgment below is reversed.

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is excessively unreasonable.

2. Determination: (a) the Defendant committed the instant crime during the period of repeated crime; (b) all the past records of the commission of violence and punishment were 27 times (including the actual punishment); and (c) the Defendant was sentenced to a fine for negligence on October 22, 2010 and July 16, 2012; and (b) there are two previous and previous sections of the instant crime of fraud, such as the Defendant was sentenced to a fine for negligence on July 22, 2010; (c) the Defendant’s mistake is divided and against himself; (d) the Defendant committed the instant crime at the investigation stage of the crime of interference with business; (c) the amount of damage caused by the fraud is minor to 6,700 won; and (d) the Defendant made efforts to recover damage by depositing the amount of damage caused by the said fraud (including 50,000,000 won) to the extent favorable to the Defendant; and (d) the Defendant’s motive, circumstances and circumstances leading up to the instant crime; and (d) the Defendant’s motive, etc.

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 the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant Article 347 (1) of the Criminal Act and Articles 347 (1) and 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

참조조문

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