beta
(영문) 광주지방법원 2014.11.13 2014노2180

사기

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 main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The court below stated to the effect that the amount acquired by the defendant from the victims exceeds KRW 262,50,000,000,000,000 for the victim I, H, and G were unable to pay damages exceeding KRW 27 million even according to the defendant's argument (However, the following facts are as follows: ① the defendant and victims have continued to engage in monetary transactions since before this point; ② the victims claimed that the amount equivalent to the amount they claimed to have been repaid has been repaid; ③ the defendant did not pay principal or interest to KRW 21,00,00 borrowed from I by investigative agency (Evidence No. 31, 33, 143 of the evidence record); ③ the defendant stated to the effect that the victim H did not pay principal or interest to KRW 4,479,00,000,000 for KRW 4,000,000,000 for the victim; ② the defendant's statement that the defendant did not have been paid to the victim of the crime at least 1,64,04,04,0,0,0,0,0,04, and1,31, etc.

3. In conclusion, the defendant's appeal is reasonable and therefore Article 364 (6) of the Criminal Procedure Act is applicable.