logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2013.09.26 2012노462
사기등
Text

All judgment of the court below shall be reversed.

The defendant shall be punished by imprisonment with prison labor for six months, and the second and third instances.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: the fine of KRW 7 million, the second instance court: the imprisonment of KRW 8 months and the third instance court: the imprisonment of KRW 6 months) is too unreasonable.

B. The first instance court’s sentence is too uneasible and unreasonable.

2. The grounds for appeal against the first instance court are as follows: (a) the Defendant recognized his criminal act and divided the case; (b) the Defendant agreed with the victims of fraud and the violation of the Attorney-at-Law Act; (c) the Defendant took part in the crime of violation of the Act on the Promotion of Game Industry of this case as the manager and branch manager of the game room; and (d) the Defendant should take into account equity in the case of a judgment received at the same time as the

On the other hand, in full view of the fact that the amount acquired by deceptions through each of the frauds in this case is not a little amount, and in particular, 6,800,000 won out of the amount acquired by deceptions has received money as solicitation expenses in connection with criminal cases, and the defendant has made false statements to escape the actual owner of the illegal game room during the investigation process.

The defendant has been sentenced to two times of punishment due to fraud or embezzlement, and one time of suspended execution.

These circumstances are disadvantageous to the defendant.

In addition to this point, in full view of all the sentencing conditions as shown in the argument of this case, such as the age, character and conduct, intelligence and environment of the defendant, and circumstances after the crime, it is recognized that the punishment of the first instance court is too harsh and unfair.

3. Prior to the judgment on the grounds for appeal in this part of the judgment of the defendant's ex officio on the grounds for appeal in this part of the judgment of the second and third court, the court of the second and third court sentenced ex officio the defendant to imprisonment with prison labor for 8 months, and imprisonment for 6 months, respectively. The defendant filed an appeal against each judgment of the court below, and this court filed each appeal.

arrow