(영문) 수원지방법원 2013.10.10 2013노3463 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2013.10.10 2013노3463

사기등

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Of the judgment of the court below, the remainder of the judgment of the court of first instance excluding the compensation order shall be reversed.

Reasons

1. The summary of the grounds of appeal argues that if the defendant deducts part of the amount paid to the victim P, R, AD, T, V, W, etc. among the 228,608,00 won recognized by the court below as the amount of fraud, the total amount of actual damage is 197,142,00 won, and the defendant deducts the amount paid for or repaid part of the goods ex post facto in the course of the crime of fraud of this case, if the amount of damage caused by deception is less than KRW 197,142,00,00, while the amount of damage caused by deception is less than KRW 197,142,00,000, the court below's judgment of the first instance states that "the amount of damage exceeds KRW 200,00,000,00

However, in the case of fraud involving taking advantage of property, if there is a delivery of property due to deception, it itself constitutes a crime of fraud by infringing the victim's property, and a considerable amount of consideration has been paid.

shall not cause any damage to the entire property of the victim.

Even if the crime of fraud does not affect the establishment of the crime of fraud, even if some of the price has been paid in the crime of fraud, the acquired amount shall be the entire property not the difference between the value of the property given from the victim and the value of the property (see, e.g., Supreme Court Decisions 2000Do1899, Jul. 7, 2000; 2007Do6241, Oct. 25, 2007). However, it may be considered as the reason for sentencing that payment of the price or payment of part of the amount of damage after the fraudulentation is made in the course of the crime of fraud.

In addition, each punishment (the first judgment: imprisonment with prison labor for 2 years, and fine for 2 million won) that the court below sentenced against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each of the offenses in the judgment of the court below which the court below found guilty was consolidated and tried in the trial. Each of the offenses in the judgment of the court below is under the former part of Article 37 of the Criminal Act.

참조판례

-대법원 2000. 7. 7. 선고 2000도1899 판결

-대법원 2007. 10. 25. 선고 2007도6241 판결

유사 판례

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