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(영문) 인천지방법원 2017.04.28 2016노5226
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.

2. The instant crime was committed by the Defendant’s employee at an unmarried accommodation with a debt equivalent to KRW 59 million, but it was found that the Defendant accessed the victim by taking advantage of all his age, academic background, career, family relationship, and financial history, including 68 years of birth with two adults, and by taking advantage of all personal circumstances, such as her age, academic background, career, family relationship, and financial history, which were committed by the Samsung T&T Co., Ltd. for 21 years, and by taking advantage of these circumstances, the Defendant acquired 80,490,000 won from the damaged person by taking advantage of the method and means of the crime, period of the crime, amount of damage, etc.

In particular, the Defendant committed the instant crime even if he had been punished several times, including the two times of criminal punishment, even before the Defendant had previously been punished due to the crime of this case, and considering the fact that the damage to the victim was not completely recovered from the damage, even though the damage to the victim’s property and mental suffering was deemed to be considerable due to the instant crime, the Defendant’s criminal liability is heavy.

Therefore, the sentence of severe penalty equivalent to it is inevitable.

However, even if the above severe punishment is necessary, the victim's amount of damage caused by the defendant's fraudulent act remains in KRW 80,490,000, and the defendant committed a blanket crime against one victim. A thorough examination of the lower court's similar cases corresponding to the number of the crimes in this case and the amount of damage, the sentence of the lower court that sentenced the defendant two years and six months of imprisonment seems to be too high in light of the equity among similar cases.

In addition to these circumstances, the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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