(영문) 제주지방법원 2013.07.25 2013노8 | 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) 제주지방법원 2013.07.25 2013노8

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud of the victim C among the facts charged in the instant case of mistake of facts, the Defendant had no criminal intent to acquire the victim by hearing the horses from the victim, even though he/she tried to continue to work at the victim’s main point of view after receiving the advance payment of KRW 2 million.

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, from April 28, 2012 to May 26, 2012, obtained the prepaid money from other multiples or dans for three times, and promised to work as an employee on May 28, 2012, and again, received two million won from the victim C as a prepaid payment. The Defendant did not work for four days from May 30, 2012 to June 2, 2012, and the Defendant did not work for four days without any reason. The Defendant, who demanded the return of the prepaid money, issued R, who is a seat, to the victim requesting the return of the prepaid money, was a surety, and after working for one day on June 3, 2012, received the clothes value from the victim, but did not receive two million to three million won, and could sufficiently recognize the Defendant’s crime of fraud.

Therefore, the lower court was justifiable to have convicted of the facts charged of this case.

B. In full view of the fact that the Defendant’s judgment on the assertion of unfair sentencing did not have an intent to work as the primary offender or an employee, and the nature of each of the crimes of this case, which acquired the prepaid money by fraud, is not good, and other all of the sentencing conditions indicated in the records, including the Defendant’s age, character and conduct, family environment, the lower court’s punishment against the Defendant cannot be deemed to be too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

유사 판례

-부산지방법원 2014.10.01 2014노544

-수원지방법원 2015.09.17 2015고정1371

-부산지방법원 2013.11.07 2013고단3377

-서울동부지방법원 2013.11.13 2011고단2054

-대구지방법원 2013.03.27 2012고정2814