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(영문) 서울중앙지방법원 2021.02.02 2020노2527

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The crime of this case is a case where the defendant was unable to pay most of the purchase price due to the aggravation of financial standing, and he acquired the money equivalent to KRW 1.60 million against three victims under the name of the purchase price for shares in real estate subject to the sale, which is not good, and the crime is still not prepared from the first victim (D) even though it was in the first instance, and the compensation for the damage is not made. The defendant had the criminal records of the same kind of fine and the crime of this case is identical or similar to the previous crime, which is disadvantageous to the defendant. On the other hand, the defendant recognized that the defendant was guilty of some of the facts charged differently from the previous crime in the first instance trial, and it is not deemed that the criminal intent of the defendant is confirmed, that the victim's criminal intent is not confirmed, that the victim's agreement with the second victim and the victim did not want to have the victim's punishment, and that the defendant did not want to have the victim's total amount of damage (which does not amount to KRW 160 million or more).

In light of the circumstances favorable to the defendant, etc., considering the defendant's age, sex, environment, motive and background of the crime, means and consequence, etc., as well as various circumstances, which are conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence of the court below is deemed unfair, and thus, the defendant's assertion is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the pleading is again made.