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(영문) 서울고등법원 2019.01.17 2018노2313
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The gist of the grounds for appeal argues that the defendant's imprisonment with labor (one year of imprisonment) is too unreasonable, and that the amount of the punishment is unreasonable, and the prosecutor asserts that the punishment is unreasonable because it is too uneasible.

2. The Defendant did not complete the registration of ownership transfer, or did not pay money by deceiving the victims, or did not fully repay the money that he/she received or provided as a security, even though he/she received the purchase money, in the process of making up the real estate as a site for the entire house and selling it in installments.

The victims' economic and mental damage has not been significant and the damage period is also long-term.

In the court below, the victim F promised to pay the remainder of the damage to the defendant and agreed with the defendant. However, the defendant does not pay the remainder with his promise, and the defendant does not pay the remainder.

However, the defendants recognize and reflect all of their crimes.

In the appellate court, the victim B, I and finally agreed with the victim B.

In addition, the equity should be taken into account with the case of being tried together with the judgment that has already become final and conclusive.

In light of the above various circumstances, Defendant’s character and behavior, environment, motive, means, and consequence of the crime, and all of the sentencing conditions revealed in the appellate court, such as the circumstances after the crime, etc., the sentence of imprisonment with prison labor imposed by the court below was too unreasonable in the appellate court, and thus, Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Pursuant to Article 369 of the Criminal Procedure Act, entry in the corresponding column of the judgment of the court below shall be cited for this part of the judgment.

Application of Statutes

1. The relevant law and the choice of punishment for the crime shall be the criminal law;

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