(영문) 수원지방법원 2017.11.23 2017노6752 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2017.11.23 2017노6752

사기등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case and reflected, the investigative agency agreed to pay the total amount of damages to C among the victims of the crime of fraud, E, I, andO also submitted a written agreement at the court below, and the defendant did not want to be punished for the defendant by submitting a written application for non-taxation in the first instance trial.

The facts revealed are favorable to the defendant.

However, the Defendant would arrange for the Chinese students to study in Korea from the victims.

The purpose of this paper is to grant the right to move into an apartment related to the company by receiving money on the pretext of the admission fee, borrowing money without the intention or ability to change, or by forging documents in the name of JJ Co., Ltd.

In full view of all the sentencing conditions, including the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime, etc., the lower court’s punishment is too excessive and it cannot be deemed unfair on account of the following: (a) the fact that the nature of the crime was extremely poor in light of the method of the crime; (b) the total amount of damage amount was considerably large exceeding 100 million won; (c) the crime of this case was committed during the period of repeated crime due to the same crime; (d) the criminal records of the crime of this case, other than the criminal records of the same repeated crime, have been punished for the crime of fraud or document forgery; and (e) the criminal records of this type of crime have not been punished for the crime of this case, and (e) the criminal records

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

유사 판례

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