logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.02.19 2013노1052
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds of appeal in this case, the sentence imposed by the court below on the Defendants (Defendant A: imprisonment of April, Defendant B: fine of KRW 1 million) is too unreasonable.

2. Determination

A. Defendant A deposited KRW 7 million in the court below for victim E, and there are favorable circumstances such as that the Defendant reflects his mistake. However, the amount of defraudation of this case reaches KRW 25 million, the Defendant did not have been used by the victims, and the Defendant was punished more than 10 times due to fraud, etc. on October 23, 2007, which was sentenced one year and two months of imprisonment with prison labor for fraud on October 23, 2007, and again committed a part of the crime of this case during the period of repeated crime for which the parole period has passed after parole was released, and all other sentencing conditions such as the Defendant’s age, character and conduct, environment, and circumstances after the crime are considered as inappropriate. Thus, the Defendant’s assertion is without merit.

B. Defendant B’s actual acquisition of the Defendant’s crime of this case is less than the profit, the victim E wants the Defendant’s wife against the Defendant, and there are favorable circumstances, such as the Defendant’s violation of one’s own mistake. However, the amount of defraudation of this case exceeds seven million won, the Defendant again committed the crime of this case despite the fact that the Defendant had been punished several times due to fraud, etc., and other various sentencing conditions, including the Defendant’s age, character, character, environment, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair, and the Defendant’s assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow