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(영문) 서울남부지방법원 2015.09.25 2015노671

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Reasons

1. The main point of the grounds for appeal is unreasonable because the punishment imposed by the court below (eight years of imprisonment) is too unreasonable in view of the fact that the defendant made a confession and the actual amount of damage is smaller than the amount of the fraud of this case.

2. Each of the crimes of this case is a case in which the defendant deceivings a large number of victims repeatedly over a considerable period of time and acquired a large amount of money exceeding 1.1 billion won in total as the name of borrowed money or investment money, and the nature of the crime and the criminal facts are very poor, the victims did not recover from damage to the part above 500 million won out of the amount of fraud, and the victims want to be punished with severe punishment against the defendant. Furthermore, even though the defendant had a record of punishment for three years in 2004 already sentenced to punishment for fraud, it is again necessary to punish the defendant more strict punishment corresponding to the liability for the crime of this case.

However, as seen earlier, the fact that the defendant is the confession, the amount equivalent to 600 million won out of the amount acquired through deception has already been paid before the victim's complaint was filed, the fact that 8 million won has already been paid for the victim B, 5 million won for the victim K, 5 million won for the victim K, and 2 million won for the victim W (name before the opening: E) shall be considered as favorable circumstances.

In addition, considering the character, character, environment, circumstances and result of the crime of the defendant, all of the sentencing factors in the case, such as the circumstances after the crime, the sentence of the court below seems unfair.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning.

Criminal facts

The summary of facts and evidence acknowledged by this court is as follows: “181,60,000” of the 27th of the judgment below as “181,60,000; “116,370,000” of the 28th of the judgment below as “124,813,000”; and “23,630,000” as “15,187.