(영문) 대구지방법원 2016.03.25 2016노195 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2016.03.25 2016노195

사기

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of one year and two months sentenced by the court below is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing by the Defendant and the prosecutor, the following facts were examined: (a) the damage amount of the instant case reaches KRW 200 million; (b) the Defendant, who had been sentenced twice to criminal punishment due to the same criminal record for the same kind of fraud, committed the instant crime without being aware of the period of repeated crime due to the same criminal record; and (c) the Defendant recognized the instant facts charged and against his mistake; (d) the Defendant partly repaid the Defendant with certain damage; and (e) the Defendant repaid the Defendant with total amount of KRW 30 million to the victim (an additional repayment to the point of the first instance). Furthermore, the Defendant completed the registration of the establishment of the right to collateral security with the Defendant’s claim maximum amount of KRW 20 million, the obligor N, and the creditor.

However, in light of the fact that each senior mortgage is already established on the above apartment, the maximum amount of 45.6 million won, 62.4 million won, and 63.7 million won, it seems that the actual value of the collateral is not significant.

Considering the favorable circumstances, such as the fact that the court below’s sentence was agreed with the victim, there is no special change of circumstances that could change the sentence of the court below after the decision of the court below, and other various conditions of sentencing as shown in the records and arguments of this case, such as the defendant’s age, sex, environment, family relationship, and circumstances after the crime, the court below’s sentence cannot be deemed to be too heavy or unreasonable, and thus, each of the unfair arguments of sentencing by the defendant and prosecutor

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

유사 판례

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