beta
(영문) 대전지방법원 2013.10.16 2013노1693

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. In light of all the circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (unfair punishment) and the fact that the victim does not want the punishment of the defendant, the punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. It is recognized that the crime of this case was committed by the defendant from January 25, 2009 to October 20, 2009 that "a fund is urgently needed. All of the loans obtained in connection with the new apartment construction business are to be repaid." The victim received KRW 111,761,90 from the victim by falsely speaking that "the defendant shall be paid a full payment." The victim was living in the same building as the defendant before the crime of this case and was well aware that he had been living in the same building, and the victim was unaware of it, using personal trust relationship with the victim, and that the defendant was deprived of the victim's trust and acquired a large amount of money, and the crime was not good, and the defendant was punished once imprisonment, twice a suspended execution, and six times a total of three times a fine, etc. for the same crime.

However, in full view of all the circumstances that are shown in the record, such as the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime of this case, the court below's punishment is too unreasonable, since it is judged that the defendant's punishment is too unreasonable, since the defendant's above assertion is well-grounded.

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

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below.