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(영문) 수원지방법원 2013.08.21 2013노2670

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The instant crime was committed by the Defendant, as if the Defendant had the intent or ability to give a certain business right to the victims, who are the persons involved in the construction site where he had been employed, and was committed by deceiving the victims, thereby obtaining a total of KRW 150,80,000 from the victims. In addition, the Defendant committed the instant crime with a view to making a full payment of corporate bonds or using them as living expenses, and its nature is very poor in light of the details and content of the crime, the subject of the crime, the applicable method and period of the crime, etc.

Until the trial, the Defendant did not reach an agreement with the victim J and L, and did not endeavor to recover from damage.

However, in full view of the following facts: (a) the defendant has already divided his mistake in depth; (b) the defendant was in the trial when he was the victim I and E; (c) the defendant was not punished; (d) the victim I and E did not have been punished; and (e) the damage was recovered by compensating them for the same criminal records and fines; (c) there was no record of punishment exceeding the criminal records and fines; (d) the defendant has supported his wife; (e) the victims have remitted the money sources to the defendant to obtain unjust benefits, such as business rights; and (e) other various sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case; and (e) the circumstances before and after the crime, the defendant's argument is justified

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

Criminal facts and the summary of evidence recognized by the court shall be as follows.