beta
(영문) 인천지방법원 2021.02.05 2020노3838

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

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

2. Determination is based on the following: (a) the sum of the amount of damage caused by each of the instant frauds exceeds KRW 200 million; (b) the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) exercised a forged real estate lease agreement in the course of committing the crime; (c) the nature of the crime is very heavy; and (d) the fact that no agreement with L did not reach an agreement is unfavorable to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant fully recognized the crime of this case, that part of the amount of damage was paid to the victims at the court below, that additional 20 million won was paid to the victim company in the first instance, and that the defendant agreed with the victim company smoothly, and that there was no record of criminal punishment.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347 (1) of the Criminal Act (the point of fraud), and each choice of imprisonment with labor;

1. Comprehensively taking account of the various circumstances examined in the judgment on the grounds for appeal prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are applicable to concurrent crimes.