(영문) 서울남부지방법원 2014.01.16 2013노1404

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(영문) 서울남부지방법원 2014.01.16 2013노1404

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The original manufacturing place using the closed language developed by the Defendant for mistake of facts was commercialized since 2009.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (five million won of fine) declared by the defendant is too unreasonable.

2. Determination

A. In light of the records, the lower court’s thorough examination of various circumstances described in the detailed statement in the “judgment on the Defendant’s assertion of mistake” in the determination of mistake in light of the records, it is acceptable that the lower court’s measure that found the Defendant guilty of the facts charged in the instant case on the grounds of the circumstances indicated in its reasoning is justifiable, and it cannot be said that there was any error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the Defendant and his defense counsel. Therefore,

B. On October 23, 2009, the Seoul High Court issued a suspended sentence of one year and six months on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the Defendant, even though he had been sentenced to a suspended sentence of two years in the Seoul High Court on October 23, 2009, thereby committing the instant fraud in the same form. Nevertheless, the Defendant did not properly repent his mistake, taking into account the circumstances that have already been favorable to the Defendant, and the lower court determined the sentence in consideration of the circumstances that are favorable to the Defendant, and there are no special circumstances or changes in circumstances that may newly consider the sentencing after the pronouncement of the lower judgment, and other various circumstances that form the conditions for the instant argument and the sentencing specified in the record, such as the Defendant’s age, character and behavior, environment, motive

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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