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(영문) 서울남부지방법원 2020.01.14 2019노1508

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) recognized the fact that the Defendant agreed with nine victims, including V, but the Defendant also agreed with three victims, including the victim AG, AL, and AM.

The lower court erred in determining punishment, i.e., omitting and taking into account the agreed facts with three victims.

In full view of all the circumstances, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. The Defendant, as a fraternity, operated two fraternitys, committed a crime of fraud by causing 480 million won in total on the basis of the term payment for a large number of community members. Of the above community members, the Defendant committed a crime of fraud by borrowing loans with the total amount of damage up to 86.3 million won. In light of the period of the crime, the number of victims, the relationship between the Defendant and the victims, and the amount of damage, etc., the crime is not very heavy.

In addition, ① Even according to the Defendant’s prosecutor’s statement, the amount of approximately KRW 360 million out of the total amount of money managed by the Defendant ( KRW 270 million from the guidance dated September 6, 2016, KRW 90 million from the guidance dated April 26, 2018, KRW 200 million) or the amount of money in the personal use of the Defendant’s personal use is deemed to have been used for the Defendant’s personal use. ② The amount of money less than KRW 28.3 million out of the amount of money acquired from the victim’sJ in the fraudulent act of borrowing KRW 86.3 million from the total amount of money acquired from the victim’s J was used for the personal use of the Defendant’s personal use, ③ there was no agreement or no recovery from damage to the victims of the fraud, ④ there was no agreement among the victims of the borrowing, ④ there was no strong need to punish the victims of the borrowing, and ④ there was no strong need to punish the victims of the borrowing.