logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.07.13 2016노551
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three and a half years) on the gist of the grounds of appeal is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized and reflected the Defendant’s mistake; (b) paid KRW 3.4 million to the victim M in the course of the instant crime; (c) paid KRW 10 million to the vehicle purchased in the victim P’s name as collateral; and (d) paid KRW 800,000 out of the cost of the vehicle purchased in the victim’s name as collateral; and (e) appears to have been partially recovered out of the amount of damage suffered by the victims.

However, the crime of this case was committed by defrauding a large amount of 42 million won in total by using the statements and trust of the several victims who attended several years. In light of the period, frequency, and scale of the crime, etc., the crime was committed very poor; the defendant has been subject to criminal punishment twice in the past due to the crime of a similar veterinary method which uses the teaching relationship, such as the crime of this case, and there has been the records of having been punished five times in total (4 times in penalty, four times in suspension of execution, one time in suspension of execution) as a crime; most of the victims have not been recovered until now; the victims have not reached an agreement with the victims that they still want the punishment of the defendant; and other circumstances unfavorable to the defendant, such as the victim's age, sex, family environment, home environment, motive and background of the crime, means and consequence of the crime, and the result of the application of sentencing guidelines and sentencing guidelines of the Supreme Court Committee before and after the crime, etc., it is not acknowledged that the punishment of the court below is too unfair.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow