(영문) 서울동부지방법원 2020.12.18 2020노364

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2020.12.18 2020노364

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following: the sum of the amount of fraud, the sum of embezzlement, the sum of the amount of embezzlement, the defendant's deception by deceiving the victim to transfer the business of this case to the victim, embezzled the sales amount that the victim posted by operating the business of this case, and thereby obstructing the operation of the business of this case; although there are circumstances such as the crime quality of the crime of this case, the crime of this case is not good, the defendant did not agree with the victim, and the defendant has a record of criminal punishment several times, the defendant recognized the defendant's mistake; the defendant paid part of the rent in arrears to the lessor of the business of this case; the defendant paid part of the rent in arrears to the lessor of the business of this case; the defendant paid the money to Ma, which is the existing owner of the business of this case, with the intention of giving up the ownership of the above Dome system; the defendant paid a sum of KRW 13 million to the victim; the defendant paid the defendant a sum of KRW 178 million in total at the court below; the defendant's circumstances and circumstances leading to the crime of this case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and 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. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

-부산지방법원 동부지원 2018.01.25 2017가단206788

-서울동부지방법원 2020.12.24 2020노842

-수원지방법원 안산지원 2018.02.21 2017가단11049

-대구지방법원 상주지원 2020.7.21. 선고 2019가단6477 판결

-서울남부지방법원 2020.11.10 2019가합109804