logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.08.30 2013노1810
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The judgment of the defendant is that the amount of damage caused by the fraudulent act of this case exceeds 2.8 billion won and the amount of damage caused by the fraudulent act of this case exceeds 2.8 billion won, and it is not good to form a crime by committing a long-term repeated act against many victims, and the amount of wages and retirement allowances exceeds 100 million won and is also excessive. In particular, many foreign workers are included, and the defendant did not use money exceeding 2.9 billion won collected from other construction sites such as the prime contractor, etc. for the recovery of damage to the victims and distributed considerable amount of money to their family members or branch members, and there is no agreement between the nine victims and the victims.

On the other hand, the defendant living under detention for about 10 months and recognized the defendant's mistake and reflects his depth. The defendant seems to have committed each of the crimes of this case in the course of unreasonable construction due to the aggravation of financial situation. The victims of the fraud have agreed to the victim of the crime of fraud, the victims of the crime of fraud have cancelled their complaint against the defendant, and the defendant has been dismissed by withdrawal of complaint against the defendant, and the prosecution has been revoked by 13 of the victimized workers who were indicted due to the failure to pay wages or retirement allowances. In addition, 13 of the victimized workers and the above workers have made considerable efforts to recover the damage of the victimized workers, such as not wanting punishment against the defendant. The damage amount of the victimized workers who have not agreed to do not have much weighted to 16 million won, and the amount of fine is more severe than the defendant.

arrow