logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.04.13 2017노4877
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall take money 29,00,000 won by fraud to the applicant for compensation.

Reasons

1. Summary of grounds for appeal;

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

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

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s given that no new data on sentencing are submitted in the trial, and there is no change in the sentencing conditions compared with the lower court’s given that the sentencing of the lower court was too heavy or unhued and exceeded the reasonable scope of discretion, in full view of the factors revealed in the argument process of the instant case.

It does not appear.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, it is dismissed under Article 364(4) of the Criminal Procedure Act, and the payment of 29,00,000 won by deceiving the defendant to the applicant for compensation pursuant to Articles 25(1), 31(1) and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall be ordered, and a provisional execution shall be attached pursuant to Article 31(3) of the same Act, and it is so decided as per Disposition (Provided, That the "victim F" in five acts under the second part of the judgment of the court below shall be deemed to be a clerical error of the victim K, and such correction shall be made ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure).

arrow