logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.03.21 2013노4007
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the sentence of 10 months sentenced by the defendant is too unreasonable.

2. Determination is recognized that the Defendant recognized all of the instant crimes and against his mistake; that there was no past history of punishment for the same kind of crime; that is, the Defendant appears to have caused the instant crime on the wind that would not receive the price of goods due to a trader’s default; and that the Defendant’s family members who will support the instant crime without good health, such as extracting salt, urine, catology, cathosis, and high blood pressure, etc.

However, in full view of various circumstances, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, frequency, amount, and circumstances after the commission of the crime, etc., the lower court’s punishment is too inappropriate and too unreasonable, by comprehensively taking into account the following: (a) the Defendant sold the materials supplied by the victim at the intermittent value and used the proceeds to repay his/her own debt; (b) the amount obtained by deception is not less than KRW 97,752,365; (c) the Defendant did not agree with the victim up to the trial; and (d) the Defendant appears to have not recovered most of the damage; and (e) the Defendant’s age, environment, occupation, family relationship

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow