logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2021.01.21 2020노2708
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant considers that the victim would sell refined meat products to the school meal service supplier.

In order to get livestock products supplied, it was acquired through the delivery of about KRW 80 million, and forged a transaction statement in another person's name for the purpose of being supplied with livestock products.

In 198, the Defendant had been sentenced to the suspension of the execution of imprisonment with prison labor for the following reasons: (a) the Defendant has been sentenced to imprisonment for a crime of fraud in 2016; and (b) the instant crime of fraud is committed during the period of repeated crime resulting from the same crime.

The victim of the crime of fraud has been recovered from the amount of 34 million won, and it seems that there was no substantial damage to the titleholder due to the document forgery crime.

In the past, the Defendant was aware of the entire crime of this case, and shows an attitude against the mistake.

In addition, even if the defendant's age, sex, environment, details, motive, means and consequence of the crime, etc. of this case and the sentencing guidelines of the Supreme Court stated by the court below are considered equally (the court below determined a punishment exceeding the minimum limit of the sentencing range in the above sentencing guidelines, considering various sentencing factors), the sentence of the court below is too unreasonable.

The defendant's argument of sentencing is not accepted.

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

arrow