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(영문) 광주지방법원 2018.09.20 2018노1333

사기

Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for four years.

Reasons

1. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Each of the instant crimes committed by the Defendant is unfair, in light of the method and amount of damage, etc., the crime was committed by deceiving a large amount of money up to approximately KRW 1.49 billion against the actors and unspecified customers for a period of one year, and the nature of the crime was grave in light of the method of the crime and the amount of damage, and the considerable amount of damage has not yet been recovered until the damage has yet to be recovered; the victims, including the victims who trusted the Defendant and lent a large amount of money and the elderly victims who prepared their first overseas travel with their family travel, were suffering from economic damage and mental distress in addition to economic damage, and a majority of them wanted to punish the Defendant.

On the other hand, it is advantageous to the fact that the defendant's mistake and reflects the defendant's mistake, some of the crimes seems to be due to dolusent intentional negligence, each of the crime committed by borrowing money is biased to the victim's desire who expected to make high profits in a short period, and the defendant partly repaid the amount of damage up to the original judgment, and the defendant paid part of the damage with the mutual aid fund of the Korea Tourism Association Federation in the first instance trial, and some of the victims agreed to agree with some of the victims, and there is no other criminal punishment as well as the punishment imposed once on the defendant due to drinking driving.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, and motive for committing the crime, various sentencing conditions shown in the instant records and arguments, the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s argument that the sentencing is unfair is reasonable.

3. As the appeal by the defendant is well-grounded, the part of the judgment below excluding the rejection of an application for compensation order among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the remaining part shall be reversed and remanded after pleadings.