logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.08.21 2015노935
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor’s grounds for appeal: Sentencing and light of sentencing, the sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.

B. Defendant’s grounds for appeal: Compared to mistake of facts and sentencing, the Defendant did not deceiving the victim by specifying the purpose of the loan as an auction, and did not repay it later due to changes in circumstances.

(2) The lower court’s sentence is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the defendant's argument of mistake of facts, the facts at the time of original adjudication can be acknowledged. ① Even though the defendant alleged that the defendant did not have a fluenent relation to the crime Nos. 1, 3, and 4 at the time of original adjudication, the victim was aware that he was investing in the auction, even so even if so, the defendant borrowed money by using the victim's situation without correcting or notifying the correct financial status, and used the money in other ways, and then consumed all the money in other ways, ② the defendant stated at the prosecutor's office that the defendant called the victim as an auction in relation to the crime No. 2 at the time of original adjudication, ② the defendant stated that he was the victim's use of money for the purpose of selling the money for the victim. ③ Meanwhile, the defendant did not have sufficient surplus in the operation of beauty room, but it appears that it was impossible to repay the principal of the borrowed money for the maximum amount due to a sound financial status and an investment failure, the judgment of the court below is justified in all of mistake of facts.

Therefore, we cannot accept this part of the defendant's assertion.

B. Examining the determination of the grounds for unfair sentencing by both parties, as well as the various factors of sentencing indicated in the arguments, including the Defendant’s age, character and conduct, and home environment, including the following conditions of sentencing.

arrow