(영문) 청주지방법원 2017.09.14 2017노894 | 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) 청주지방법원 2017.09.14 2017노894

사기

Text

All appeals filed by the Defendants and the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (Defendant A: Imprisonment with prison labor for a year and June, Defendant B: fine of KRW 3 million) is too unreasonable.

(C) Defendant A explicitly withdrawn the misunderstanding of facts and misapprehension of legal principles on the first trial date.

Defendant

B submitted a statement of reasons for appeal along with the petition of appeal, and clearly stated that the sentencing was unfair on the first trial date at the trial of the first instance.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. The defendant A and the prosecutor asserts that since the defendant's judgment on the unfair argument of sentencing against the defendant A and the prosecutor actively cooperates with the investigation of this case from the police, it constitutes "the complete and voluntary commencement of the conspiracy of the crime of fraud" among the persons who are specially mitigated in the sentencing guidelines.

However, this refers to a case where an investigation is initiated by filing a criminal charge of internal corruption in the voluntary motive that the defendant who has participated in structural corruption intends to block a crime. Since the defendant was arrested by a warrant of arrest without undergoing a voluntary investigation and recognized the criminal investigation by the investigative agency, he/she does not constitute a person subject to the above special mitigation.

Circumstances favorable to the defendant shall be as follows:

The Defendant confessions each of the crimes of this case, and is divided.

The defendant has no record of punishment for the same crime.

Circumstances unfavorable to the defendant are as follows:

The defendant took part in a systematic and planned telephone financing fraud crime.

From January 2015 to November 201 of the same year, the Defendant participated in the crime of defraudation of the total amount of KRW 189 million of damage amount by 144 times.

It is difficult to view the Defendant as a simple participant by calling for a large number of unspecified victims to act as a deception.

Defendant committed a crime by entering and departing from Korea.

The defendant is the victims.

유사 판례

-서울고등법원 2016.03.17 2015노2703

-청주지방법원 2017.06.29 2017노401

-부산지방법원 2018.05.25 2017노4864

-청주지방법원 2017.05.18 2017노181

-청주지방법원 2018.02.08 2017노1540