logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.12.06 2018노1284
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Of the instant facts charged, the lower court rendered a judgment of conviction on the charge of fraud against the victim E, 28,280,000 won out of the fraud of D, and fraud against the victim H, the lower court rendered a judgment of conviction on the charge of fraud of the victim H, 1,00,000 won around January 1, 2017 against the victim D, KRW 220,000,000 around January 2, 2017, KRW 1,000,000 around February 2, 2017, and KRW 1,50,000,000,000 around February 2, 2017, respectively.

However, only the defendant appealed against the guilty portion, and the acquittal portion among the judgment of the court below was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

3. According to the arguments and records of the instant case, the lower court’s punishment appears to have been appropriately determined by fully considering the grounds for sentencing asserted by the Defendant. The mere fact that the Defendant led to the confession of the facts charged in the instant case in the trial does not appear to have any special reason to ex post facto change the sentencing.

4. In conclusion, the defendant's appeal is without merit, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure, "the same year" in Articles 18, 19

1. 90,000 won around October, and the same year; and

1. The sum of KRW 28,280,000,000 around 1.5 million was deposited in the Defendant’s account.

“The same year”

1. Around October 10, 2000 won (26,780,000 won) was deposited into Defendant’s account and received KRW 1.5 million around January 16, 2017 from Defendant’s account.

“Change in number of days”.

arrow