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(영문) 수원지방법원 2020.03.27 2019노7242

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal against the Defendants in the lower court’s respective punishment (eight months of imprisonment) is too unreasonable.

2. The Defendants, by deceiving the victim that the government should hold more than a certain amount of money in order to receive the funds of the KRW 10 billion which are managed by the voice, acquired the money paid by the victim as a commission to borrow the said funds through the Defendants.

In order to protect the victim, the Defendants presented to the victim a photograph of cash or a check with multiple or face value with a face value of KRW 00 million, and a passbook with a face value of KRW 00 million.

In addition, the amount of damage reaches KRW 150 million.

The contents and methods of the instant deception are very poor, and the degree of damage is so big that the possibility of criticism is high.

However, from the court below, Defendant A was unable to punish the victim under the agreement with the victim, and had the time to reflect the victim's life through more than seven months of confinement, and there was no other criminal history except this previous sentence and suspended execution once.

Defendant

B, in the past of the trial, repayment of the amount of 50 million won used by himself and agreed with the victim, and approximately four months have passed through confinement life, and there was no criminal record of suspended execution or more.

In addition, considering the Defendants’ age, character and conduct, environment, family relationship, health status, criminal records, the attitude in the investigation agency and court, motive, means and result of the crime, the circumstances after the crime, etc., the lower court’s punishment against the Defendants is somewhat unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.

Re-use.