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(영문) 인천지방법원 2014.02.07 2013노3128

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the crime of this case is likely to obtain the vehicle price, etc. from the victim G and J, or to obtain the vehicle price, etc., or to provide a new security on the face of the vehicle that has already been provided as security under the pretext that the defendant would purchase the vehicle, and thereby, it is not good to commit the crime by obtaining the vehicle delivery certificate by false statement to the victim C, and by obtaining the benefit equivalent to the vehicle price. ② It seems that the victims' total damages amount to KRW 1968 million, which is a large amount of damage amount to KRW 1968 million, there is no agreement with the victim G and J, ③ The defendant is not sufficiently punished for the defendant, and there is no need to sentence the defendant to the defendant, in view of the fact that there is no circumstance after the crime, such as failure to appear in the court after the second trial date of the court below.

However, in full view of the following factors: (a) the Defendant recognized all of the instant offenses; (b) paid KRW 30 million to the Victim G; (c) agreed with the Victim C in the trial; (d) the Defendant did not have the same criminal record; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment; and (e) circumstances before and after the instant offense, the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, so it is in accordance with Article 369 of the Criminal Procedure Act.