beta
(영문) 수원지방법원 2020.11.26 2020노5196

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The defendant and the prosecutor's argument are also examined.

The crime of this case is committed by deceiving the victims to the effect that the defendant would repay money to the victims without fail, and by deceiving about about 28 million won in total from four victims as borrowed money, and by falsely speaking that he would repay money to other victims in lieu of the golf club table expenses, and by taking the pecuniary profits equivalent to the amount of the money, and by taking over the taxi fees and alcoholic beverages through free and without payment in many times. In light of the method and content of the crime, the crime is very poor in light of the crime, and the defendant did not receive money from the other victims with a great amount of damage except for the victim D, H and T until the trial.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake thereof in depth, that the defendant recovered damage to some victims, that the defendant did not have any criminal records or fines exceeding those punished for the same kind of crime before the crime of this case, and that the defendant is still a youth of the 20 major group.

In full view of the aforementioned factors and other factors of sentencing, including the Defendant’s age, character and conduct, environment, motive and background leading to the commission of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.