(영문) 인천지방법원 2017.09.15 2017노2584 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.09.15 2017노2584

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and two months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Each of the crimes of this case is deemed to have committed the crime of this case by deceiving two victims who were attending the same workplace in a short period of time for the purpose of using them for gambling funds, and by deceiving them totaling KRW 130 million. In light of the circumstances of the crime, period and frequency of the crime, relationship with the victims, etc., the crime is heavy.

Except that the victims paid a considerable amount of 12 million won to the victims C due to the instant crime, damage has not yet been recovered, and the victims did not receive a letter of indemnity from the victims.

Considering these circumstances, the sentence of sentence on the defendant is inevitable.

However, the Defendant is against the recognition of the entire crime of this case, and there is no particular record of crime except for those subject to a fine of KRW 1.5 million due to the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. around 2010.

In addition to these circumstances, in full view of the following factors: (a) type 2 (the same concurrent crime between general frauds; (b) the determination of the type, 10 million won, and less than 50 million won [the scope of the recommendation area and the scope of the recommendation] basic area; (c) the basic area of the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; (d) the sentencing conditions as shown in the instant records and arguments, including the circumstances after the crime; and (e) the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court (amended by 8 to 4 years); and (e) the amount of punishment imposed by the court below on the defendant.

참조조문

-사행행위 등 규제 및 처벌 특례법

유사 판례

-서울중앙지방법원 2017.04.13 2016노5283

-대구지방법원 2016.06.10 2016노506

-대전지방법원 2016.01.28 2015노3208

-인천지방법원 2017.05.19 2017노279

-인천지방법원 2017.11.24 2017노3502