(영문) 서울고등법원 2017.06.30 2017노1143 | 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) 서울고등법원 2017.06.30 2017노1143

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is that the defendant, under the circumstances unfavorable to the defendant, knew that he did not actually enter Vietnam for the business of manufacturing and selling water, and acquired a total of KRW 1,015,00,000 from several victims through five years from the victim D by deceiving him to make an investment in the above business, and by deceiving him about about five years from the victim D, and the defendant was not able to fully compensate the victims for the money acquired (the defendant was partly paid to the victims, but the money was not paid to the victims for the purpose of continuously deceiving the victims, and it was not paid to the victims to repay the money acquired. Furthermore, the money was not paid to the victims by the defendant as the profits, confirmed money, or interest, and it was not paid to the victims for the repayment of the money acquired. Furthermore, the money was not paid to the victims as the profits from the business that the defendant told to the victims, but was not yet used from the victims, ② was advantageous in favor of the defendant, and it was also paid to the victims when the defendant committed the crime of this case.

In light of the fact that the defendant was found to have been negligent in making profits exceeding a considerable scope under the common sense of society and invested in the defendant's business without undergoing any verification procedure, and that the defendant had no criminal record heavier than that of the same criminal record and the suspended execution, the Supreme Court sentenced the defendant to the punishment within the scope of the sentencing sentencing guidelines of the Sentencing Committee.

The lower court’s sentencing seems to have been determined within the reasonable scope of discretion by fully taking into account the above circumstances.

The circumstances alleged by the defendant as unfair reasons for sentencing have already been determined by the court below.

유사 판례

-광주지방법원 2018.04.24 2018노920

-서울동부지방법원 2021.01.29 2020노257

-서울북부지방법원 2017.10.27 2016고단5261

-서울동부지방법원 2021.02.05 2020노568

-대구고등법원 2017.12.14 2017노324