logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.11.30 2017노5553
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. The fact that the amount acquired by the Defendant from the injured party is relatively large, and that the Defendant did not agree with the injured party is disadvantageous to the Defendant.

However, the defendant recognized the crime of this case and against it. The crime of this case was committed by the defendant while the defendant operated the software development company, and the service was supplied to the victim by requesting the installation of the program, etc., and the amount of the service was not paid.

It is difficult to see that the defendant submitted a repayment plan to the creditor collection company of the victim, and seems to have been trying to recover damage, such as reimbursement of the victim's 6.5 million won up to now, and considering all the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, and circumstances after the crime, etc., the court below's punishment cannot be deemed unfair because it is too unafford. Thus, the prosecutor's assertion is without merit.

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

arrow