beta
(영문) 의정부지방법원 2019.07.18 2018노3076

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing of the case (the original court shall be punished by imprisonment with prison labor for not less than ten months and two years by suspended execution);

2. There are extenuating circumstances, such as the fact that the amount of the defraudedation of this case reaches KRW 338 million, the victim G (V after the name was opened) and F did not receive a prudent, and the said victims want to be punished against the Defendant, and there seems to remain more than KRW 20 million until now.

However, the defendant shows his attitude to reflect by recognizing all of the crimes, and the court below agreed with the victim D and H. However, in the case of the victim D, since the defendant did not perform properly his obligation due to the conciliation in related civil cases, the victim D submitted to the court of this court a petition stating that the defendant will be sentenced to severe punishment, since the defendant did not perform properly his obligation due to the conciliation in related civil cases;

The victim G and H are deemed to have been fully recovered from damage; the rest of the victim D and F are also endeavored to recover damage, such as partially repaying the amount acquired through deception after the conclusion of the relevant civil case mediation; and the defendant has no record of criminal punishment except for those punished once prior to each of the crimes in this case, prior to the crime in this case, the prosecutor stated in the statement of grounds for appeal that there was a record of being fined three times as a crime of injury by occupational negligence, but it appears to be by mistake.

In addition, considering the favorable circumstances such as the defendant's age, character and behavior, environment, background of the crime and circumstances after the crime, etc., the punishment of the court below is deemed appropriate based on the scope of discretion. The crime of this case and the crime of violation of the Act on the Control of Narcotics, etc., which have become final and conclusive, should be considered at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, and considering various sentencing conditions in this case, such as the defendant's age, character and behavior, circumstances, and circumstances after the crime.