특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for five years from the date this judgment becomes final and conclusive.
1. The sentencing of the court below (three years of imprisonment) is too unreasonable.
2. In light of the fact that the instant crime committed by the Defendant transferred the ownership of real estate and acquired a large amount of money by deceiving the victim several times as if the Defendant would repay the borrowed money, etc., it is necessary to strictly punish the Defendant.
However, in light of the fact that the defendant is the first offender, the confession of the crime while being detained for about three months in the instant case, and the victim does not want the punishment of the defendant when the victim came to the trial, the sentencing of the court below is deemed unfair because it is too unreasonable.
Therefore, the defendant's argument is justified.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The main part of the judgment of the court below is as follows.
Application of Statutes
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Consideration of sentencing favorable to the judgment on the grounds for appeal in the above case);
1. The scope of punishment by sentence: Imprisonment for not less than three years;
2. The range of recommendations according to the sentencing guidelines [the range of recommendations] shall be limited to the types of general fraud (the amount of 50 million won or more, the amount of 500 billion won or less): general fraud (the amount of 500 million won or less): - Where victims are fully responsible for the occurrence of crimes or the expansion of damage: Where victims are also liable for the occurrence of crimes or the expansion of damage, an aggravated factor: Imprisonment with prison labor for a considerable period (the scope of recommendations) 3 to 6 years
3. The criteria for probation: as there are two or more main reasons for recognition, it is recommended that the probation is recommended [major reasons for consideration]. There is no positive reason: the amount of punishment is not imposed or the amount of criminal punishment is not imposed [general reasons for consideration] negative: substantial damage.