(영문) 수원지방법원 2017.01.12 2016노8042 | 리걸엔진

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(영문) 수원지방법원 2017.01.12 2016노8042

배임등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s arguments.

The fact that the Defendant fully acknowledges the crime of this case, that the Defendant paid KRW 8 million out of the loans to savings banks to the victim of the crime of the breach of trust of this case, and that the Defendant has no record of criminal punishment other than fines so far, etc. are favorable to the Defendant.

On the other hand, the crime of breach of trust in this case committed the crime of this case was committed by the defendant starting a room (PC) at the time, and the victim's assistance company arbitrarily disposed of the security by transfer, such as computer, etc., provided to the victim to secure a loan of KRW 70 million from the savings bank. The crime of this case was committed by the defendant through the Internet by deceiving 32 victims, such as F, and the total amount of KRW 8,910,00,000,00 for sales proceeds of goods, and it is not good that the crime of this case is committed. The defendant was committed by the crime of breach of trust in this case after receiving the investigation of this case due to the crime of this case, and was arrested and arrested after the detention warrant was dismissed, and the other crime of this case was committed repeatedly, and even after the detention warrant was dismissed, the victims did not recover from the damage properly to the victims, and that the defendant had been punished by a several fines

When comprehensively taking into account all these circumstances, the sentencing conditions such as the defendant's age, sex, environment, family relationship, etc., the sentencing of the court below cannot be deemed to be too weak or unfair.

3. As such, each appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

유사 판례

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