beta
(영문) 서울남부지방법원 2016.08.26 2016노1011

사기

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and four months of imprisonment) is too minor or unreasonable.

2. Each of the crimes of this case is a factor for sentencing unfavorable to the defendant, such as the following: (a) the fact that the nature of the crime is inferior in light of its circumstances and methods; (b) the total amount of fraud is KRW 1550 million; (c) the amount of damage is also considerable; (d) the defendant denied each of the crimes of this case up to the court below; and (e) the defendant did not endeavor to recover from damage; (e) there was no agreement with the victim D; and (e) D still want to impose a severe punishment against the defendant.

However, the fact that the defendant has been recognized as committing each of the crimes of this case when it comes to the trial, that the victim H reached an agreement at the investigation stage (Provided, That no actual damage has been paid), that is 47 million won as interest until March 18, 2014, and that the victim D paid 7,500,000 won as the price for disposal of the apartment owned by the defendant, and that the victim H paid interest or 180,000 won as interest or earnings on 9 million won as of September 26, 2013 to the victim H by fraud by September 2014, are favorable factors for sentencing.

In addition, comprehensively taking account of various sentencing conditions in the instant case, such as the Defendant’s previous conviction, age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentencing is not deemed to be too somewhat somewhat somewhat somewhat minor or heavy.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.