사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Determination Doctrine, the amount obtained by the Defendant from the damaged person is up to 1.2 million won, and the victim still wishes to punish the Defendant’s severe punishment even if the victim is in the heart, and the Defendant has a record of being sentenced to a fine for the same kind of crime, etc. are disadvantageous to the Defendant.
However, at the time when the defendant decided to make an investment in the Korean Council member operated by the defendant, the defendant did not intend to commit the crime of this case, but did not intend to have a conclusive intention, and at the time when the victim decided to make an investment in the Korean Council member, Gap (the defendant) will recover his personal credit normally from July.
If personal credit is restored normally, the victim appears to have been aware of the status of the Defendant’s obligation at the time, in light of the fact that “A immediately this fact is to be notified to the victim (the victim)”, and the Defendant paid the victim’s commitment proceeds of KRW 170 million on May 3, 2015 and KRW 300,000 per month on September 2015 according to the written contract prepared between the victim and the victim, but the victim did not pay the proceeds promised to the victim, if less than the originally anticipated profits accrue, and the proceeds agreed to be repaid are not paid to the victim. The first victim was unable to repay the principal amount agreed to be repaid; the victim used the Defendant for any purpose other than that agreed to pay the investment amount for which was committed.” In light of the fact that the Defendant filed a complaint for fraud, it is deemed that the Defendant intentionally committed the instant crime, not a conclusive intention.
The injured party has secured the right of execution by filing a civil lawsuit against the accused, etc., and received dividends of an amount equivalent to KRW 40,000 in a voluntary auction procedure conducted in the name of the defendant's mother, and the defendant and the injured party have reached an agreement at the trial, and the injured party has made an agreement against the defendant