logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.07.09 2015노1916
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in light of the gist of the grounds for appeal is too uncomfortable.

2. The judgment of the court below is that, even though the sum of the amount obtained by deceptions due to each of the instant frauds is a sum of approximately KRW 40 million, most of the damages have not been recovered up to the trial. The defendant committed each of the instant frauds even though he had been punished twice due to frauds, and the defendant committed each of the instant frauds in the process, and committed each of the instant frauds alteration of private documents and the crime of the said crimes against the defendant.

On the other hand, the Defendant recognized each of the crimes of this case and against the mistake, and the Defendant had caused each of the crimes of this case in order to secure self-sufficiency by operating the business normally, and there are circumstances to consider the motive thereof. As seen earlier, the Defendant is favorable to the Defendant that there was no criminal record other than criminal punishment twice for fraud.

In addition, the age, character and conduct, environment, the circumstances and result of the instant crime, etc., all of the sentencing conditions in the instant case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Crimes of fraud [Determination of Punishment] Types 1 (less than KRW 100,00) (Special Aggravations): In cases where the Act on the Acceptance of Crimes is extremely poor, or where the crime was committed by deceiving the court in the trial proceedings, thereby deceiving the crime of fraud, the area of aggravated punishment shall be limited to one year to two years: Imprisonment;

(b) Crimes of forging private documents (determination of types). There is no category 1 (Forgery, Alteration, etc. of Private Documents) (No person specially punished) (Scope of recommending punishment): Imprisonment with prison labor for not less than six months nor more than two years;

(c) Crimes of forging private documents (determination of types). There is no category 1 (Forgery, Alteration, etc. of Private Documents) (No person specially punished) (Scope of recommending punishment): Imprisonment with prison labor for up to 6 months and 2 years;

2. Handling multiple crimes (basic crimes).

arrow