logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.07.04 2017노511
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

The decision of the court below on the grounds of appeal (four years of imprisonment) is too unreasonable.

Judgment

The crime of this case is the most likely that the defendant is in charge of the establishment of an incorporated foundation, and the first one is to pay interest at the high interest rate, to obtain trust from the injured party, and to obtain a demand for repayment of the loan money from the injured party on several occasions, and as the result, the injured party was to obtain a demand for repayment of the loan money, the crime of this case is likely to be committed by forging the real estate lease contract with the security deposit deposited in the course of transferring the claim for the return of the lease deposit to the injured party, and the crime is very heavy in light of the relevant criminal

Nevertheless, the defendant was arrested while avoiding police investigations, and made statements from time to time before the original trial, resulting in confusion in the discovery of substantial truth, and most of the victims have not recovered from damage.

Such circumstances are disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant has no record of criminal punishment, that the defendant recognized all the crimes of this case late after the death of the defendant, and that the victim expressed his intention of not wanting the punishment of the defendant when it comes to the trial.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is unreasonable.

Therefore, the defendant's argument is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed and the pleading is made in accordance with Article 364 (6) of the Criminal Procedure Act.

arrow