(영문) 수원지방법원 2018.09.11 2018노1896 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2018.09.11 2018노1896

사기

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) The Defendant, misunderstanding the fact, played a role in soliciting lessors in recognizing the structure of the crime of fraudulent loan of the instant house lease, thereby contributing to the intrinsic contribution to the crime.

As a result, the defendant should be held liable for the crime of conspiracy for the crime of fraud of this case.

2) The sentence of the lower court (one year of imprisonment with prison labor for four months, and one year of suspended execution) that is unfair as it is too unhued.

B. The lower court’s punishment is too unreasonable.

2. Determination

A. According to the records of this case as to the prosecutor's assertion of mistake of facts, the court below's finding of facts and determination are legitimate, and the prosecutor's allegation in this part is without merit.

B. In the criminal litigation law, which takes the principle of court-oriented and direct determination of the unfair argument of sentencing by the defendant and the prosecutor, there exists a unique area of the first instance court regarding the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court’s judgment because new materials on sentencing have not been submitted at the trial court, and it is not recognized that the lower court’s sentencing against the defendant is too heavy or it exceeded the reasonable scope of discretion, comprehensively taking account of all the reasons for sentencing as stated by the lower court.

Therefore, this part of the argument by the defendant and the prosecutor is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the Defendant

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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