(영문) 광주지방법원 2020.06.09 2020노507 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.06.09 2020노507

사기

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendants' punishment (the defendants A: 2 years of imprisonment with prison labor; 8 months of imprisonment with prison labor; 2 years of suspended execution) of the court below is too unreasonable.

B. Inspection (unfair form of punishment) by the lower court is deemed to be too unhued and unfair.

2. The facts that the Defendants recognized all of the instant crimes, and that the Defendants could have paid KRW 90 million out of the total amount of KRW 268 million, which the Defendants acquired by deception, appears to have been repaid, and that the Defendants did not have any criminal record exceeding the same criminal record or fine.

On the other hand, there is a big amount of fraud, the victims did not reach an agreement with the victims, and the victims want to be punished for the defendants, and the defendants A have a high possibility of criticism by scambling money with gambling funds.

However, considering the degree of damage recovery in comparison with the total amount of fraud, the court below’s punishment cannot be deemed as a ground to reduce the sentence (the defendant asserted that the vehicle owned by the defendant B would be repaid to approximately KRW 3 million in consideration of the market price of the above vehicle while conducting an auction for the vehicle owned by the defendant B, but the defendant's claim that the amount would have been repaid to the extent of KRW 3 million due to the failure to complete the auction procedure until now, is not considered in favorable circumstances. Furthermore, even if the amount claimed by the defendants is repaid, the court below’s punishment cannot be deemed as a ground to mitigate the amount of punishment) and other various sentencing conditions as shown in the records and arguments of this case, including the age, character and conduct, family relation, circumstances after the crime, etc., of the defendants.

All Defendants and prosecutor’s arguments are rejected.

3. In conclusion, the appeal by the Defendants and the public prosecutor is justified.

유사 판례

-광주지방법원 2020.08.11 2020노1162

-서울고등법원 2020.12.04 2020노1620

-광주고등법원 2015.04.02 2015노1

-서울동부지방법원 2013.02.07 2012노1484

-수원지방법원 2018.10.11 2018노4809