beta
(영문) 서울동부지방법원 2016.12.22 2016노1285

사기등

Text

The judgment below

Of the judgment of the court below against Defendant A, Articles 1 and 2-b, 3-2 and 4-2 of the judgment of the court below.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment against the Defendants (two months of imprisonment and two-months of imprisonment and two-years of imprisonment, two-years of imprisonment with prison labor, one year and six months, one year and six months in case of Defendant B, one year and six months in case of Defendant F, and two years of suspended sentence of imprisonment with prison labor for June: Defendant G) is too unreasonable.

2. Determination

A. Determination on Defendant A is limited to KRW 3,864,680, which is determined by the lower court’s judgment, and this part was judged together with fraud, etc. which became final and conclusive on June 10, 2014. However, this part of the crime is not good, and it cannot be said that the lower court’s punishment on this part is too unreasonable in light of the factors of sentencing unfavorable to Defendant A, as examined below. 2) Articles 1 and 2-B of the lower court’s decision, 24,49,290, and the number of crimes was high, and the nature of the crime was very poor; Defendant A led and planned to commit this part of the crime; Defendant A was sentenced to imprisonment with prison labor on May 30, 2014 and some of Defendant A was sentenced to punishment for Defendant A, which were less unfavorable to Defendant A, and Defendant A was sentenced to a suspended sentence execution, and Defendant A was sentenced to imprisonment with prison labor on the same part as that of the victim, and Defendant A was sentenced to punishment for some of this part of the lower judgment.