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(영문) 수원지방법원 2020.10.08 2020노3461

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the wrongness, 5 years of imprisonment with prison labor, 3 years and 4 months of imprisonment with prison labor, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of this case are concurrent crimes under the latter part of

However, the crime of this case was committed by the defendant in collusion with B who actually operates the above company due to the difficulty of the fund situation of the company in the process of carrying out the new construction of officetels, and acquired approximately KRW 472 million in total from three victims as the price for the sale of officetels at a normal time. In light of the method and contents of the crime, the crime of this case is considerably poor, the damage amount is large, and the defendant is in depth engaged in the operation of the above company while holding office as the representative director of the company B or taking charge of fund management. The defendant was sentenced to criminal punishment of three years of imprisonment for the same crime before the crime of this case, three years of suspended execution, four years of punishment before the crime of this case was committed, the defendant was unable to recover damage to the court below or have been used from victims, and the defendant's age, character, environment, motive and background leading to the crime, the motive and consequence of the crime, the method and result of the crime, etc., and the circumstances of this case after the crime were considered as unfair even if the defendant asserts punishment from the court below.