(영문) 수원지방법원 2016.07.22 2016노2480 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.07.22 2016노2480

사기

Text

Defendant

All appeals by prosecutors are dismissed.

The defendant shall obtain money from the applicant Q Q to KRW 22,20,00,00.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant recognized and reflected the instant crime on the grounds of appeal.

The defendant's profit actually acquired by the defendant is less than the amount of damage, by using the so-called "a return prevention" in the way appropriated for the amount of damage suffered by the previous vehicle buyers.

On the other hand, the defendant's 62 victims due to the crime of this case reached 62 people, and the amount of fraud reaches 2.2 billion won, which is the majority of the victims and the amount of damage is very high.

In addition, the defendant has been punished for committing the crime of fraud ten times (six times of punishment, six times of punishment, and four times of punishment), as well as the number of such crimes increases in most ways similar to the crime of this case, and there is no good character of the crime.

There are only the circumstances agreed with some victims, and most damages have not been recovered.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the lower court’s sentence is deemed appropriate, and it cannot be deemed that the Defendant and the prosecutor’s unfair sentencing are too heavy or unreasonable. Thus, the Defendant and the prosecutor’s argument of sentencing are without merit.

3. Where an appeal is filed against a judgment of conviction on the part of the lower court’s compensation order, the compensation order shall be transferred to the appellate court along with the case of the Defendant (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). According to the record, the Defendant filed an appeal against a judgment of conviction. However, although the Defendant filed an appeal against the lower court, the Defendant did not state the grounds for appeal regarding the part of the compensation order among the lower judgment

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