logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.01.23 2013노3931
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant shows an attitude that all of the crimes of this case are recognized and reflected, and the defendant appears to have repaid approximately KRW 25 million to the victim out of the total amount of 45.9 million (the investigative record 120 pages) are favorable circumstances.

However, there is no change in circumstances that can be considered in sentencing, such as agreement with the victim or compensating for additional damages to the victim after the sentence of the judgment below. Above all, the defendant thoroughly belongs to the victim's educational background, history, and occupation from the beginning, and let the victim believe himself/herself as a self-employed person with sufficient capabilities and capabilities. The defendant continuously obtained money from the victim by using a personal trust relationship that "a person who is a member of a normal life" before and after marriage, and even after the marriage, he/she got married in a way that he/she gets married in a way that he/she gets married, so he/she did not cause an economic damage as well as a lifelong suffering so that the victim can not be able to live together. Considering the course and method of the crime, relationship with the victim, and the result of damage, the crime is not less weak, considering the fact that the defendant had been punished twice by imprisonment with prison labor for the previous two times, and other conditions on the defendant's age, character and environment, etc., it seems that the court below sentenced the sentence of imprisonment too 8 months.

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

arrow