(영문) 청주지방법원 2017.11.09 2017노1010 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2017.11.09 2017노1010

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized each of the crimes of this case, and is against the law.

The defendant is an initial offender who has no record of punishment.

The Defendant repaid approximately KRW 1,30,000 among the damages in this case, and agreed with the victim P (a total of KRW 17,000,000) in the lower court, and agreed to the victim H (a total of KRW 56,40,000) in the first instance trial.

Circumstances unfavorable to the defendant are as follows:

The defendant acquired KRW 556,100,00 through 58 times from 12 victims, who are employees, for a period of up to one year and seven months, and the nature of the crime is heavy in light of the period, frequency of the crime, the victim, and the amount of damage.

Most of the victims' damages were not recovered, and the agreed victims do not seem to have been paid all the damages.

The victims, who trusted the defendant, who is a workplace partner, obtained loans, installment savings, marriage funds, etc. and invested in the defendant, but all of them have been acquired by fraud, and the victims have raised severe mental and economic suffering due to this case, and have tried to punish the defendant.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

The prosecutor's argument is with merit, and the defendant's argument is without merit.

3. As the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading (inasmuch as the appeal by the defendant is without merit, but the judgment of the court below shall be reversed by accepting the appeal by the prosecutor, it shall not be dismissed

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