logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.02.14 2019노1328
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 5 million imposed by the court below is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized all the facts charged in the instant case; (b) the Defendant violated his own mistake; (c) the Defendant agreed with the victim solely; (d) the Defendant paid a considerable portion of the amount of damage; and (e) the Defendant did not have the same criminal record and had no record of punishment exceeding the fine.

However, the crime of this case is committed by deceiving the victim with a total of 2,575,00 won through an investment of 2,570,000 won on five occasions by making a false statement to the effect that "the defendant will pay the principal and interest by making an investment in stocks where he is provided with operational information," and there is no special change in circumstances to change the punishment of the court below, such as how the crime was committed, how and how and how the crime was committed, and how the amount was damaged, and how the crime of this case is additionally repaid after the decision of the court below, and how there is no additional change in circumstances to change the punishment of the court below, such as the defendant's age, occupation, character and behavior, environment, family relationship, circumstances after the crime, etc., it is not recognized that the punishment of the court below is excessive

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

[However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, Article 347(1) of the Criminal Act shall be applied to the first instance of Article 347(1) of the Criminal Act as "Article 347(1) of the Criminal Act."

arrow