(영문) 수원지방법원 2016.11.17 2016노6106 | 리걸엔진

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(영문) 수원지방법원 2016.11.17 2016노6106

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

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

All of the crimes of this case are recognized by the defendant, the defendant repaid 15 million won to the victim E at the court below, the victim does not want to be punished, the defendant paid a certain amount of money to the victim under the name of the victim as the interest of the loan that he received in the name of the victim, the defendant does not have any history of criminal punishment so far, the defendant received treatment due to shock disorder, etc., the defendant's family members want to have a preference against the defendant.

On the other hand, the fact that the money acquired by the defendant through various means, such as having the victim E, who belongs to the same group of times, make the victim jointly and severally guaranteed a loan or get a loan in the name of the victim, does not yet exceed the total of 60 million won, and that considerable damage has yet to be recovered, the victim is placed in the place of application for individual rehabilitation as a result of the crime of this case, the defendant has a history of criminal punishment for the same crime, and the defendant has committed the crime of this case repeatedly during the period of suspended execution for which two months have not passed since he was sentenced to imprisonment for 8 months and 2 years of suspended execution due to fraud, etc. on August 20, 2015.

Considering such overall circumstances and the Defendant’s age, character and conduct, environment, family relationship, etc., the lower court’s sentencing cannot be deemed to be too weak or unreasonable.

3. In conclusion, the appeal filed 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. It is so ordered as per Disposition.

참조조문

-형사소송법 제364조 제4항

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