logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2021.01.20 2020노10
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to one year of imprisonment) is too unreasonable.

2. The judgment of the Defendant shows the form of recognizing and reflecting the crime.

The Defendant agreed with the victim of fraud.

There is no record of punishment exceeding a fine, and there is no record of punishment for the same crime.

However, the Defendant did not pay the service cost of KRW 190 million following the conclusion of the service contract with the defrauded, even though it is not good in the financial condition of the company, and did not pay the service cost of KRW 190 million following the conclusion of the service contract with the defrauded. Moreover, as the Defendant was subject to provisional seizure from the defrauded, the Defendant created a false bill claim with the intent to escape compulsory execution. In light of the motive, content, and size of the defrauded, etc., the crime

On the other hand, the Defendant failed to pay approximately KRW 30 million to retired workers, and did not recover damages even if the amount of overdue wages was not significant.

In addition, considering the Defendant’s age, sexual conduct, environment, motive, means, consequence, and all of the sentencing conditions in the instant case, as shown in the records and pleadings, the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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.

arrow