logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.01.09 2019노2134
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (eight years of imprisonment) is too unreasonable.

2. The Defendant recognized all of the instant crimes and against the mistake.

There is no criminal offense against the defendant.

The defendant has a de facto marital spouse, a de facto marital spouse to support with unsound parents, and a married couple.

The defendant is a Grade 6 in visual disability.

These circumstances can be considered as a factor favorable to the sentencing of the defendant.

However, the above circumstances appear to have been sufficiently considered when the defendant alleged in the court below or when the court below decided the punishment against the defendant.

In light of such circumstances and various circumstances mentioned in the column of “decision of sentence” of the lower judgment, and the following: (a) the Defendant acquired money equivalent to KRW 6.4 billion to be received by the victimized Company by forging documents in the name of the victimized Company; (b) the Defendant attempted to acquire money in addition to 4.7 billion won; and (c) the victim acquired money in most of the attempted crime; and (d) the recovery of damage was de facto impossible due to gambling, etc.; (b) the victimized Company is also seeking a strict punishment against the Defendant; and (c) other sentencing conditions specified in the argument of this case, including the Defendant’s age, character and behavior, environment, motive for committing the crime, and after committing the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion; and (d) the sentence imposed by the Defendant cannot be deemed unfair because the sentence imposed by the lower court is too excessive.

We do not accept the above arguments of the defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the phrase “156,00,000” in the column of deposit (the original) Nos. 8 (1) of the [Attachment 8] of the judgment of the court below ex officio shall be read as “276,00,000”, and the phrase “276,000,000” in the column of deposit (the original) No. 9 deposit amount shall be corrected as “156,00,000”, respectively.

arrow