logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.02.16 2020노4059
사기등
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The determination of Defendant A (unfair sentencing)’s punishment is unreasonable. The determination of Defendant A’s punishment is inappropriate.

B. Defendant B (misunderstanding of facts, violation of laws, and improper sentencing) did not have the intention to acquire the money listed in paragraph (2) above per annum of crime list attached to the original judgment by knowing that the money was received with the knowledge that it is an additional compensation promised by Defendant A.

The money set forth in paragraphs 1, 3, and 7 of the same year is to facilitate Defendant A’s fraud, but not to participate in Defendant A’s joint principal offense.

The amount of punishment (three years of suspended execution in one year and six months of imprisonment) is unreasonable.

(c)

Defendant

C (misunderstanding of facts and improper sentencing) The money listed in Section 1 of the Shebol 201 annexed to the original judgment was considered as the prompt progress of the project, and there was no intention to obtain the money.

The amount of punishment (two years of suspended sentence in one year of imprisonment) is unreasonable.

(d)

Defendant

D (misunderstanding of facts, improper sentencing) Defendant A and Defendant A did not conspired to commit a crime.

The amount of punishment (two years of suspended sentence in one year of imprisonment) is unreasonable.

E. The determination of the sentence against the prosecutor (unfair sentencing) is unreasonable.

2. Determination

A. The lower court held that Defendant B, C, and D participated in the criminal act of Defendant B, C, and D for the same reasons as indicated in the judgment, on the grounds that the lower court participated in the criminal act of Defendant B, C, and D.

The recognition was recognized.

Examining the record, the decision of the court below is correct, and there is no error of law that affected the conclusion of the judgment in violation of law.

B. The lower court, as to the Defendants’ assertion of unfair sentencing, selected the sentence of sentence within the scope of the recommended sentence according to the attached sentencing guidelines (at least two years of imprisonment for Defendant A, Defendant B, C, and D: Imprisonment for not less than two years).

Defendant

A's reflectivity, punishment history, criminal records, details and methods of crime, failure to recover material damage, agreement, defendant B, C, and D's degree of participation and role, amount deposited in the complainant company under the name of actual damage compensation, record of punishment, etc.

The court below's sentencing factors.

arrow