logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.09.17 2020노2274
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant recognized the crime of this case and against his mistake, the defendant recovered part of the amount of damage, and the latter concurrent crimes of Article 37 of the Criminal Act with regard to the latter concurrent crimes of Article 37 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the judgment of the court below which became final and conclusive, etc.,

However, the crime of this case is committed by deceiving 198,60,000 won through 13 times from the victim by taking advantage of the following facts: (a) the nature of the crime is very poor in light of the methods and contents of the crime; (b) the considerable amount of damage has not yet been recovered; and (c) the defendant has been subject to criminal punishment including several times of punishment by fraud and habitual fraud; (b) the defendant has been subject to criminal punishment including age, career, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime; and (c) the sentencing of the similar case is the same as the various sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, and the sentencing of the similar case, it cannot be deemed unfair since the court below’s punishment against the defendant is too inappropriate.

Therefore, the defendant's above assertion is without merit.

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

arrow