(영문) 대구지방법원 2017.05.26 2016노3117 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.05.26 2016노3117

사기

Text

Defendant

D All appeals against the defendant A by the prosecutor and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant D’s sentence (2.5 million won penalty) imposed by the lower court on the Defendant is too unreasonable.

B. The sentence sentenced by the lower court to Defendant A (one year and six months of imprisonment, three years of suspension of execution, observation of protection, and community service order 120 hours in the year and six months) is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion, the fact that the Defendant recognized the Defendant’s mistake and reflects the Defendant’s mistake, that is the primary offender who has no record of punishment, that there are circumstances to take into account the Defendant’s actual gain less than the amount obtained by the defrauded and the degree of participation, and that the damage seems to have been paid considerable part of the damage is favorable to the Defendant

However, the crime of this case was committed by deceiving victims as if the defendant were to work in multiple ways, and the crime of this case was committed in light of the method and frequency of the crime, the degree of damage, etc., and it is not good that the crime of this case was committed. In full view of the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the judgment of the court below exceeded the reasonable limit of its discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

B. The Prosecutor’s assertion that the instant crime was committed by deceiving the victims as if the Defendant were to work in multiple ways, and by deceiving the victims under the name of the advance payment, is not good in light of the method and frequency of the crime, the degree of damage, etc., and the fact that the Defendant did not reach an agreement with some victims, and that the Defendant had a record of five times of fines due to the same crime is disadvantageous to the Defendant.

However, the defendant's mistake is recognized and reflected, and most victims are the victims.

유사 판례

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