(영문) 수원지방법원 2016.06.29 2016노659 | 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) 수원지방법원 2016.06.29 2016노659

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The crime of this case is not a building site where the Defendant used most of the building materials leased by the damaged party, but rather a building site with the intent to hold office in other leasing enterprises, but it was concealed and used to lease the concealed and used materials. The crime of this case is deemed to have concealed the fact that the Defendant supplied the materials to the trading enterprise, the securing of the cost of the materials is unclear, and to have acquired a considerable amount of rent and the cost of the materials from the damaged party.

The victim asserts that "the defendant has almost no effort to recover damage after the decision of the court of first instance has been made, and most of the victims have not been supported by the recovery of damage until now," and the defendant's strict punishment in the trial.

However, the defendant was not subject to criminal punishment in addition to one fine, and the defendant seems to have failed to comply with his/her promise to the victim because he/she was unable to receive the material rent or the material cost from his/her customer.

The amount of KRW 51.6 million is 38,385,200 won (89,985,200 won - 51,600,000 won) not paid from the certification of the details sent to the defendant around June 2, 2014, and the unpaid rent as of May 2014 is 19,67,120 won.

Defendant was on March 4, 2015, and

3. On May 6, 2015, the Plaintiff purchased and returned approximately KRW 20 million as the same material with respect to the destroyed or lost material among the leased materials, and repaid KRW 8 million on May 6, 2015.

In addition, on March 17, 2015, the defendant transferred his claim for the return of the lease deposit to the victim on or around March 17, 2015, and the victim was paid 48 million won after deducting the overdue rent and the recovery cost from the above deposit around November 6, 2015.

In addition, the defendant's age, sex, environment, details and contents of the crime, and after the crime.

유사 판례

-서울중앙지방법원 2018.04.23 2017고정2571

-부산지방법원 2016.03.10 2015고단8817

-수원지방법원 여주지원 2016.01.11 2015고단255

-창원지방법원 2016.06.02 2016노142

-대구지방법원 2015.06.05 2014고정2833