(영문) 광주지방법원 2014.08.13 2014노1426 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2014.08.13 2014노1426

사기

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for eight months, for six months, for six months, and for four months, for Defendant C.

Reasons

Summary of Grounds for Appeal

Each sentence of the court below against the defendants (the defendant A: imprisonment of 8 months; imprisonment of 10 months; imprisonment of 4 months; imprisonment of 4 months) is too unreasonable.

2. Determination

A. The lower court’s judgment on Defendant A’s assertion is a large amount of KRW 76,40,00,00,00,000 for the following reasons: (a) while unfavorable circumstances are unfavorable; (b) Defendant A acknowledges his mistake; (c) Defendant A did not have any specific criminal record; and (d) returned 23,00,000,000 won out of the amount of defraudation to the victim L; and (b) agreed with the victim L to pay additional KRW 28,000,000 in this court; and (c) comprehensively taking account of the circumstances leading to the instant crime; (d) the circumstances after the commission of the crime; (e) the age of Defendant A; and (e) the character and conduct

B. Defendant B’s assertion is a large amount of KRW 83 million (76.4 million for the victim L, KRW 6.6 million for the victim S). The victim L did not agree with the victim. The Defendant committed the instant crime after being sentenced to a suspended sentence of three years in 1 year and June, 2010 due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). However, the Defendant was found to have committed the instant crime during the suspended sentence of three years in 2010, and there was no previous conviction. The Defendant was admitted to have committed the instant crime, and there was no previous conviction in 23 million for the victim. The Defendant returned the victim L to the court, and returned 28 million for the victim L with additional payment of KRW 28,000,000,000 for notarial acts. The Defendant’s assertion is reasonable by taking account of various circumstances revealed in the instant case, including the background of the instant crime, the circumstances after the crime, Defendant B’s age, character and behavior, etc.

C. Determination on Defendant C’s assertion

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

유사 판례

-광주지방법원 2014.10.22 2014노1984

-광주지방법원 2014.09.24 2014노643

-울산지방법원 2020.10.23 2020노1022

-서울중앙지방법원 2014.10.24 2014노2807

-광주지방법원 2015.09.16 2015노1549