(영문) 대구지방법원 2018.05.31 2018노705 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.05.31 2018노705

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court rendered the above sentence by taking into account the following favorable circumstances: (a) the amount obtained by deception exceeds a total of KRW 300 million; (b) the victims’ damage has not been recovered; (c) the Defendant did not receive a letter from the victims other than the victim M and the Dispute Resolution T; (d) the Defendant did not have been investigated or tried in an investigation agency due to some crimes but continued to commit an additional crime; (c) the Defendant recognized all of his mistake; (d) the Defendant agreed with the victim M and the Dispute Resolution T; and (e) the Defendant was the first offender who has no criminal record.

In addition to the circumstances taken into account by the lower court, the Defendant appears to have repaid the amount equivalent to KRW 50 million to KRW 70,000,000, and the Defendant received KRW 51,949,240 from the Defendant at the time of being investigated by the victim H in-house investigation agency.

was stated.

Even if considering the fact that the Defendant appears to have repaid one million won to P, etc. in favor of the Defendant, taking into account the circumstances favorable to the Defendant, the lower court’s sentence appears to be reasonable, and the lower court’s judgment exceeded the reasonable bounds of its discretion, in full view of all the sentencing conditions, such as the Defendant’s age, sexual conduct, environment, health, circumstances leading to the commission of the offense, means and consequence, scale of the offense, and circumstances after the commission of the offense.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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