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(영문) 수원지방법원 2020.10.15 2020노4165

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. Determination is recognized that the Defendant recognized all of the instant crimes and reflects the mistake in depth, that the Defendant paid a considerable amount of fee to the victim during the course of the instant crime, and that the Defendant paid a total of KRW 120 million on March 22, 2019, KRW 50 million on June 9, 2020, KRW 120 million on June 9, 2020, KRW 120 million on the Defendant did not have any other criminal record than once a fine, and that the Defendant’s family members want to take the Defendant’s preference against the Defendant.

However, the crime of this case was committed by the defendant, who was engaged in real estate sales agency, by introducing real estate to the victim, by suggesting false items of money or by deceiving the victim by suggesting false items of expenses related to the goods sold in real form, and then by deceiving the victim about KRW 4950 million in total over a long-term period of time under the pretext of sale commission, tax, etc. The crime of this case is very bad, in light of the method and content of the crime, the period and frequency of the crime, and the amount of damage, and the amount of damage is too heavy, and as alleged by the defendant, the defendant and the victim agreed to settle the amount of money payable at KRW 377 million around March 22, 2019, as argued by the defendant.

In addition to the above KRW 120,000,000, the defendant paid the victim with fees, etc. (the defendant asserts that he paid additional KRW 90,510,000 to the victim in the course of committing the crime, but the victim asserts that the victim was the money received pursuant to a separate fee payment agreement, not the repayment of the damage amount in this case, and asserts that it was actually appropriated for the repayment of the damage amount in this case, the defendant did not pay half of the damage amount up to the trial, and did not receive a letter from the victim, the victim did not want to pay a severe punishment against the defendant at the court below, and the defendant was punished as a crime of fraud around 2015.