(영문) 수원지방법원 2017.12.22 2017노6503 | 리걸엔진

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(영문) 수원지방법원 2017.12.22 2017노6503

사기등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal 1) Defendant’s punishment (a prison term of three years and six months) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. The fact that the defendant led to the confession of each of the facts charged in the instant case, and that his mistake is divided, and that the economic situation of the defendant seems not good, is favorable to the defendant.

On the other hand, the following facts are disadvantageous to the defendant.

The defendant has been sentenced to criminal punishment on several occasions, and in particular, he/she has been sentenced to criminal punishment for the same kind of crime, but he/she has committed another crime of this case.

The crime of fraud of this case is a case in which a large amount of money is obtained by deceiving a large number of victims while the defendant is liable for a large amount of loans that the defendant is unable to cope with, and it is not good that the crime is committed in light of the circumstances of the crime, the method of the crime,

The total amount of damage caused by each fraud of this case exceeds KRW 960 million.

However, the defendant did not recover most of the victims, and did not endeavor to recover the victims' damage, and did not receive a letter from the victims.

In addition, the defendant's age, sexual conduct, environment, circumstances and result of the crime, the circumstances after the crime, and the sentencing guidelines (two to six years) / [the scope of the recommended punishment] / The basic area (2 to six years) / (2 to six years) / The basic area (2) / [the scope of the recommended punishment] / The two crimes (violation of the Labor Standards Act) / [the scope of the recommended punishment] / The basic area (4 to eight months) / The basic area (4 months and less than 50 million won) of the non-payment of wages, etc. / Even in full view of two years to six months, six months, and four months, etc.

Therefore, the defendant and the prosecutor.

유사 판례

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