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(영문) 의정부지방법원 2017.06.01 2017노832

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. 판단 이 사건 범행은 5년에 가까운 기간 동안 피해자를 기망하여 82회에 걸쳐 합계 약 1억 9,000만 원의 금원을 편취한 것인 점, 피고인은 피해자에게 이름, 학력, 가족관계 등 신상에 관하여 사실과 전혀 다른 거짓말을 하고, 멀쩡히 살아 있는 부모 등이 사망하였다고

It is recognized that the nature of the crime is not good, such as deceiving the money from the victim by fraud, and that the amount of damage caused by the crime of this case has not been restored to a considerable part.

However, the defendant led to the confession of crimes and reflects the wrongness.

There are no criminal records for the defendant, and there is no past record of punishment of imprisonment or imprisonment without prison labor or a heavier punishment.

Until the judgment of the court below, the defendant repaid the total of KRW 17.4 million to the victim, and the victim paid KRW 22 million to the victim in the first instance.

In addition, the defendant agreed with the victim at the trial, prepared a fair certificate of 15 million won out of the amount of damage with the victim, and made it possible for the victim to repay the remaining amount of damage in good faith.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of sentencing guidelines set forth in the Supreme Court's sentencing guidelines for the establishment of the sentencing committee (a period of 10 months to 2 years and 6 months) / [the scope of recommending punishment] types 2 (a period of 10 million won or more, less than 50 million won) and mitigation area (a period of 10 months to 2 years and 6 months) [a person subject to special mitigation] mitigation area (a period of 10 months or less, 10 million won) [a person subject to special mitigation] mitigation of punishment or damage to a considerable part, the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. Conclusion.