beta
(영문) 의정부지방법원 2013.06.05 2013노740

사기

Text

The judgment of the court below is reversed.

Defendant

A 1-A of its holding

Crimes and articles 2-A, b, c.

Imprisonment with prison labor for a crime.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (the defendant A: imprisonment with prison labor for three months and six months, and the imprisonment for two months and six months) declared by the court below to the defendants is too unreasonable.

2. We examine the judgment as to Defendant BL’s assertion. Each of the crimes of this case committed by the Defendant is not less than the nature of the crime in light of the content and method of the crime, and even if the Defendant had been sentenced for eight months of imprisonment due to fraud under the same law, he did not know about the fact that the Defendant committed the same kind of crime several times during the period of repeated crime without being aware of the fact that he had been sentenced for eight months of imprisonment due to fraud under the same law, etc., but there are no unfavorable circumstances such as the Defendant’s confession of the crime of this case, and made it hard to say that the Defendant did not repeat the crime while his mistake was divided in depth, and the Defendant would not repeat the crime. In the court below, the amount equivalent to the amount of damage was repaid at the court below, and the amount of damage was partially repaid to the victim ELD M&A Co., Ltd., and the remaining damaged companies

Crimes and articles 2-A, b, c.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, intelligence and environment, motive and background, means and consequence of the instant crime; (b) degree of damage; (c) criminal records; (d) circumstances after the instant crime; and (e) family relationship, health conditions, etc. as indicated in the instant argument, the Defendant’s respective punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. We examine the determination of Defendant B’s assertion, and each of the crimes of this case committed by the Defendant is not less than the nature of the crime in light of the content and method of the crime, and the Defendant was sentenced to a suspended sentence of two years for August due to the same method of fraud, etc.