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(영문) 서울중앙지방법원 2019.05.09 2019노620

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

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

2. The Defendant, who made a false representation that he/she would invest in a safe asset to the victims who believe himself/herself, acquired money from the victims.

The amount obtained by the defendant from victims shall be 59 million won.

The defendant was unable to pay the amount of damage to the victim J, who acquired by deception of KRW 30 million, and did not receive any compensation from the above victim.

After the Defendant was absent on the pronouncement date of the original judgment, the Defendant was locked for more than four years.

However, the defendant is the first offender, and all of his crimes are recognized and reflected.

On the other hand, the defendant agreed with the victim B who acquired by deception of KRW 28 million in the last time in the trial.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;