(영문) 대전고등법원 2018.04.27 2017노460 | 리걸엔진

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(영문) 대전고등법원 2018.04.27 2017노460

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (three years and six months of imprisonment) is unreasonable.

2. Although it is not possible for the Defendant to pay the victim with the money that has not been registered with the Bank of Korea, as if possible, the Defendant deceivings the victim as if possible, and acquired the money of KRW 693 million from the victim. Considering that the amount of damage reaches a large amount of KRW 693 million, a considerable amount of damage has not been recovered, and that the victim suffered enormous economic damage, the Defendant needs to bear strict liability corresponding thereto.

However, the court below's punishment against the defendant is unfair by taking into account the following circumstances: (a) the defendant led to his confession and reflects the crime; (b) the degree of KRW 42 million out of the amount of damage was repaid; (c) the balance with the case where the judgment was rendered simultaneously with the previous conviction in which the judgment became final and conclusive; and (d) the fact that the victim wants to be aware of his favor of the defendant; and (c) other factors similar to all sentencing factors specified in the argument of this case, such as the defendant's age, career, sex, sex, environment, motive and circumstance of the crime; and (d) the circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except where the "legal statement at the trial of the witness C" is added to the summary of the evidence. As such, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts.

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