logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.05.07 2015노317
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Although the defendant's mistake is recognized in depth and it is deemed that part of the amount of damage was reimbursed by paying a sum of 100 million won or more to the victim H of the crime of this case under the pretext of interest, etc. The defendant's each crime of this case is in a concurrent crime under the latter part of Article 37 of the Criminal Act with regard to each crime of this case in which judgment has already become final and conclusive in accordance with Article 39 (1) of the Criminal Act, there are circumstances such as the determination of punishment in consideration of equity with the case where a judgment has already become final and conclusive at the same time as the crime of this case. However, although the victim H paid a considerable period of time before the prosecution of this case to the court below for further reimburse or agree on the amount of damage, the defendant paid money to the victim H as above before the prosecution of this case was instituted, and there is no change in the circumstances such as additional or agreement on the amount of damage to the victim H after the prosecution of this case was instituted, and there is no need to punish the victims of the crime of this case's personality and conduct before and conduct.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow