(영문) 대구지방법원 2018.04.06 2017노5586 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.04.06 2017노5586

사기등

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The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. Determination

A. As to the reasons for appeal, it is advantageous to the following: (a) the Defendant recognized each of the instant crimes and against his mistake; (b) the Defendant agreed with some victims at the lower court; (c) the victim S and P further agreement was made in the trial; (d) the victims do not want to be punished against the Defendant; (c) the Defendant did not have any criminal record exceeding the same kind and fine, except for the punishment imposed due to a violation of the Act on the Establishment of Local Reserve Forces in around 2017; (d) the Defendant’s economic situation is not good; and (e) the Defendant’s family members want to take a preference

On the other hand, each of the crimes of this case is an unfavorable circumstance, such as the fact that the defendant deceivings a large number of victims in a planned manner and uses a private document forged and thus, the quality of the crime is not very good. The defendant plays a leading role in the fraud crime with his accomplice, and most of the amount of the fraud crime appears to have been used by the defendant. The total amount of damage caused by the fraud is the maximum amount of KRW 60 million and most of the victims have not been recovered, and most of the victims have yet to be suffering from severe mental suffering as well as economic suffering that the victims who have been aged are still liable for a considerable amount of debt due to the defendant's crime

The above circumstances and in the trial of the parties, the circumstance that there was an additional agreement with S and P, and the circumstance that the defendant appears to have partially repaid the principal and interest on the funds that he borrowed in the name of the victims cannot be deemed to be a special circumstance or change of circumstances that could change the punishment of the court below in light of the number of victims and the amount of damages incurred by each of the crimes of this case. The defendant's age, sexual behavior, environment, family relationship, motive for the crime, and crime.

유사 판례

-전주지방법원 2015.01.23 2014노1272

-부산지방법원 2016.04.21 2015노3470

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-춘천지방법원 2017.11.29 2017노917

-서울고등법원 2013.03.15 2012노4204