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(영문) 인천지방법원 2012.10.05 2012노1644

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (three years of imprisonment) against the Defendant is too unreasonable.

2. We examine the judgment: ① The crime of this case was committed by the Defendant by deceiving the victims to the effect that the Defendant would obtain a large amount of profit by investing in the H sale right, which was sold in the G Co., Ltd. in the G Co., Ltd. in the G Co., Ltd.; ② The crime of this case was committed by acquiring KRW 370,190,00 from the victims to the effect that it would be able to obtain a large amount of profit, and used it for his management fund or personal debt repayment and other personal purpose; ② the Defendant did not recover from the victims by denying his criminal act until the court below, and ② the victims did not properly recover from the victims by denying his criminal act until the court below; ② the victims did not recover from the victims; ③ the victims did not commit suicide due to serious mental and economic suffering over five years; ③ In particular, the victims M was committed by the victims, and ④ the amount of damage not recovered to the trial exceeds the total of KRW 250,000,00,00.

On the other hand, however, the first instance court's punishment against the defendant is somewhat unreasonable in full view of the following factors: (a) the defendant has recognized his own crime in the first instance court; (b) the defendant has agreed to pay the victim L 20 million won, and 50 million won to the victim C; and (c) the court of the first instance has agreed to pay the victim M 30 million won to the heir; (d) deposit the victim L and C with each other for the defendant L and C; and (c) the defendant has no previous criminal record and has no criminal history exceeding the fine; and (d) other various sentencing conditions in the records and arguments, such as the defendant's age, character, home environment, and circumstances before and after the crime.