logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.01.10 2013노2129
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected, and that there is no record of criminal punishment except for the Defendant who was sentenced to a fine once for another crime in around 1999, and that the Defendant paid KRW 284 million to the victim C as interest.

However, the crime of this case is a case in which the victims acquired money under the pretext of a loan by deceiving the victims by raising interest on the ground of a bond company or a credit service provider without the defendant, and the defendant committed the crime of this case is not in compliance with the law of the number of crimes, such as neglecting the trust of the victims C who maintained a usual and friendship relationship and committing the crime repeatedly, and the crime was committed for a long period (3 years from March 2010 to March 2013), and the damage amount (total amount of KRW 90,030,000) is considerably high.

In light of the fact that the Defendant, in order to escape from economic difficulties that he had experienced, fryed the victim C with the victim’s fry, and acquired money that has a lifelongly difficult mind, thereby causing pain to others, and that most of the victims’ economic and mental sufferings have not been recovered from the victims’ economic and mental sufferings to the trial, it is inevitable to punish the Defendant accordingly.

In full view of these circumstances, comprehensively taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, family environment, equity in sentencing cases, etc., the Defendant’s assertion is without merit.

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

arrow