logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.16 2019노1431
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (eight months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. The crime of this case is a reason for sentencing that is favorable to the defendant, such as: (a) the defendant acquired by deception 75,100,000 won in total from the victim as a deposit money or a loan money; (b) the nature of the crime is inferior and the amount of damage is high; and (c) the damage has not yet been recovered up to now; and (d) the defendant has been punished twice due to the same crime in 2012 and 2014 (one time of fine and one time of suspended execution of imprisonment). The fact that the defendant is divided into and is against the crime; and (e) the defendant is deemed to have committed the crime of this case due to economic difficulties of the defendant.

In full view of the aforementioned sentencing factors, the Defendant’s age, career, character and conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed as excessive or unreasonable as it is too heavy.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow