logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.03 2015노5526
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

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. In addition to the majority of the defendant was punished by imprisonment for the same crime, even though he was punished by imprisonment for a crime of fraud on or around 201, he repeatedly committed the crime of this case during the repeated crime period despite the punishment. The crime of this case is committed under the circumstance that the defendant pretends that he had a considerable amount of money to the victim C for the purpose of using for gambling money, and makes a false representation as if he was married or living with the above victim, and he received money for a long time from the above victim C as he borrowed handphones from the victim Ha's son, and then he took over money from the victim Do, and then received money from the victim, such as the crime method, circumstance, and crime committed several times, which are not good enough. The damage suffered by the victim C due to the crime of this case is considerable, and the damage has not been recovered up to the recent time.

However, it appears that the defendant committed the crime of this case because of the economic difficulties after he saw the property at the time due to gambling, and it is difficult to view that the amount of damage suffered by the victim H and E is relatively excessive due to the crime of this case. In light of the fact that the defendant did not want the punishment of the above victim by mutual agreement with the victim h and the original victim h, the defendant's mistake is divided and reflected, and all other sentencing conditions, such as the defendant's age, environment, character and conduct, the sentencing of the court below is deemed to be excessive and unfair, and the above argument of the defendant is reasonable.

3. In conclusion, the defendant's appeal is reasonable, and thus, the judgment of the court below is in accordance with Article 364 (6) of the Criminal Procedure Act.

arrow