(영문) 수원지방법원 2020.05.27 2020노873 | 리걸엔진

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(영문) 수원지방법원 2020.05.27 2020노873

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The sentence imposed by the court below (three years and six months of imprisonment) shall be unlimited and unfair.

2. The amount of damage caused by each of the instant crimes exceeds KRW 80 million.

Although the Defendant had already been unable to pay more than KRW 500,000,000 from around 2014 to 2016, and had been designated and distributed as fraud, the Defendant suspended construction work after receiving the payment of the construction cost on the ground that the Defendant would have set up a second yellow soil housing.

There are many victims' water and almost no damage recovery.

However, all of the crimes of this case are recognized by the defendant, and some of the construction works (in the case of the victim B, to the outer wall and roof construction in the case of the victim I, to the pelvis construction in the case of the victim I, to the basic construction and outer wall construction in the case of the victim AF (A), to the removal construction and the foundation construction in the case of the victim AF (A), to the partial construction of the outer wall in the case of the victim AD, and to the removal construction in the case of the

In the case of the defendant, the above victim has not been punished for the defendant by agreement with the victim Y.

In addition, in full view of the sentencing factors indicated in the records, such as the defendant's age, character and conduct, health condition, and motive and circumstance of the crime of this case, the court below's punishment is deemed to be excessive.

3. As such, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) (Fraud) of the Criminal Act, Articles 109(1) and 36 of the Labor Standards Act, and choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

참조조문

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