(영문) 서울중앙지방법원 2015.11.27 2015노3181

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(영문) 서울중앙지방법원 2015.11.27 2015노3181

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In full view of the value, re-performance, etc. of the motor vehicle that the Defendant provided as security by means of borrowing money from the victim, the Defendant had the intent or ability to repay the borrowed money at the time of borrowing it from the victim. 2) The sentencing of the first instance of unfair sentencing (one year of imprisonment) is too unreasonable.

(b) the sentencing of the first instance court (one year of imprisonment) of the Prosecutor (Unfairly Undue Practices) is too uncomfortable and unfair;

2. According to the evidence duly adopted and examined by the first instance court on the Defendant’s assertion of misunderstanding of facts, the fact that the Defendant, as stated in the first instance court’s detailed statement, deceiving the ownership and security value of the leased vehicle, thereby deceiving the victim of a total of KRW 80 million.

Therefore, the defendant's assertion of mistake is not accepted.

3. We also examine the defendant and prosecutor’s assertion of unfair sentencing regarding the defendant and prosecutor’s assertion of unfair sentencing.

On November 22, 2013, the sentence of the first instance court against the Defendant is not deemed to be too weak or unreasonable, taking into account the following circumstances: (a) the Defendant appears not to reflect the genuine nature of the Defendant; (b) the background leading up to the instant case; (c) the details of the instant crime; (d) the relationship with the victim; (c) the size and degree of damage; (d) the Defendant agreed with the victim; and (e) the Defendant was sentenced to suspended execution on November 22, 2013; and (e) the instant crime was committed during the suspended execution period; and (e) the Defendant’s age, character and behavior, environment, family relationship, circumstances after the commission of the instant crime; and

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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