beta
(영문) 의정부지방법원 2019.11.22 2019노2314

사기등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence of one-year imprisonment imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is determined by deceiving the defendant to sell articles that are not held by the defendant against nine victims, by receiving approximately KRW 3.6 million in total as the price for goods, by deceiving the victim B who became aware of through the conspiracy to transfer them as business funds, and by deceiving the victim P, who is the operator of the company he/she has been working, and by remitting KRW 37 million in total under the name of "definite bond repayment" and "infinite or marriage preparation funds". The crime of this case was embezzled by arbitrarily consuming approximately KRW 1.4 million in sales proceeds of the above company's LEDpppper owned by the above company, which was deposited in the defendant's account, and acquired approximately KRW 4.5 million in property profits by using the corporate card owned by the above company for any purpose other than business. Considering the law, frequency, circumstances and contents of the crime, relationship with the victim, and the amount of damage amount, the defendant has no choice but to be sentenced to a fine for the same kind of crime after June 28, 2018.

However, in light of the favorable circumstances such as the Defendant’s recognition of all the facts charged in the instant case and reflects the Defendant’s mistake in depth, and in particular, when considering the Defendant’s age, occupation, character and conduct, environment, family relationship, circumstances after the crime and circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the defendant's appeal is with merit. Thus, the court below's order of compensation is excluded pursuant to Article 364 (6) of the Criminal Procedure Act.