(영문) 창원지방법원 2018.07.19 2018노889 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.07.19 2018노889

사기등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the court below shows the attitude of recognizing and opposing the defendant's wrong, and there are favorable circumstances for the defendant, such as that the victim does not want to be punished more than the defendant by agreement with the victim. However, the crime of this case at the same time means that the defendant will have employed the victim's children to F corporation or lend money to the victim's children.

It would be possible to deliver 21 million won to F Co., Ltd. instead of returning money to the victim when the victim could not be employed by deceiving the victim and deceiving the victim.

In addition to the circumstances unfavorable to the defendant, such as the fact that there was no change of circumstances that could reduce the punishment of the court below in the trial, the defendant was submitted in the trial that there was no change of circumstances that could reduce the punishment of the court below. However, although the court below had already submitted a written agreement with the victim, there was already been a change of circumstances in sentencing conditions compared with the court below since it had already been submitted by the court below.

shall not be deemed to have been approved;

In addition, considering the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the theory of change, the sentence of the court below is judged to be appropriate, and it does not seem to be unfair because it is too unreasonable.

The defendant's argument of sentencing is without merit.

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

유사 판례

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-광주지방법원 2015.10.21 2015고단2053

-서울중앙지방법원 2017.10.12 2017노1653