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대구지방법원 2016.05.13 2016노793

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

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

2. The crime of this case committed by the Defendant to find his children in the El branch group and offer them to the instant group.

In light of the following circumstances: (a) the victim's access to the victim and the 30 million won was acquired by deceptioning the volume of KRW 300 million through a period of about seven months; (b) some of the money that the defendant acquired by deception was the victim's traffic accident insurance proceeds; and (c) the victim has been well aware of such circumstances; and (d) the victim has received a loan to raise money to the defendant; and (b) there was a serious economic damage due to the loan; (b) the victim has been in contravention of the wrong act; (c) the defendant has repaid 8 million won to the victim before the commencement of the investigation; (d) he deposited 30 million won to the victim before the commencement of the investigation; and (e) other favorable circumstances, such as the victim's age, sex, environment, motive, means and consequence of the crime of this case; and (e) the circumstances after the crime, etc., all the sentencing conditions indicated in the records and the changes theory of this case, the sentence sentenced by the court below shall be considered to be unfair.

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 reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. The sentence shall be determined as per the order, taking into account the conditions of the sentencing prior to the reasons for sentencing as set forth in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, prior to the punishment of concurrent crimes.