(영문) 수원지방법원 2013.06.27 2013노967 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2013.06.27 2013노967

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s respective sentences against the Defendants (Defendant A: imprisonment of two years and six months, probation period of three years, probation period of 200 hours, community service work of 200 hours, Defendant B: imprisonment of ten months, and one year and six months of probation period) are too unreasonable.

2. The judgment of the Defendants led to the confession and reflect of the instant crime, agreed with the victims of the instant fraud, and Defendant B was the first offender, etc. favorable to the Defendants.

However, the so-called "the crime of fraud of real estate" is highly likely to be subject to criticism as a crime that causes significant social harm by massing a number of victims. Defendant A actually planned and directed the instant fraudulent act while operating the planning real estate business entity, and the amount of the Defendants acquired by deception through the instant fraudulent act is large, as well as the degree of the Defendants' participation, comprehensively taking into account all the sentencing conditions, such as the amount of wages that Defendant A did not pay to its workers, the amount of wages that Defendant A did not pay to its workers, the age, character and conduct, the environment, the motive and circumstance of the crime, and the circumstances after the crime, etc., it cannot be deemed that

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

(However, the defendant is an employee of the above state AM from June 11, 2010 to December 31, 2010.

The portion of "234,634,427 won in aggregate of the amount in arrears of 153 workers, as stated in the attached Table of Crimes, including the amount of 1,66,666 won in November 201, and the amount of 2,50,000 won in December 2010, as well as 4,166,666 won in aggregate of the amount in arrears of 153 workers, shall be an employee of the said State from August 9, 2010 to December 31, 2010."

AR AS of retired workers is 483,870 won for August 2010, and September 2010.

참조조문

-형사소송법 제364조 제4항

유사 판례

-수원지방법원 2017.01.12 2016고단6241

-서울중앙지방법원 2013.10.28 2013고단3737

-서울중앙지방법원 2014.06.12 2014고정227

-서울중앙지방법원 2014.08.14 2013고단6291

-수원지방법원 2018.01.23 2016고단8194