(영문) 창원지방법원 2016.09.28 2016노1332 | 리걸엔진

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(영문) 창원지방법원 2016.09.28 2016노1332

사기

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

Reasons

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

2. The crime of this case is an unfavorable circumstance where the Defendant, on behalf of the de facto spouse D, extended the term of lease to the previous lessee with respect to the C building 101, which entered into a lease agreement with the victim on behalf of the previous lessee who was unable to lease the said 101, without notifying the victim of the fact that the said lease was normally carried out without notifying the victim, thereby deceiving the victim as if the said lease was being carried out. In light of the criminal law and the scale of damage amount, etc., the crime is not very good, and the victim appears to have suffered considerable economic distress due to the Defendant’s crime, and the victim is not agreed with the victim until now, and the Defendant had several records of punishment for the same kind of crime.

However, since the defendant led to the confession of the crime of this case and made a mistake against the victim, after the crime of this case, the defendant paid the amount of KRW 20 million to the victim, and the victim won the lawsuit filed against D, the certified broker who arranged the conclusion of the contract of this case, and the Korean Certified Broker Association, and the above civil judgment became final and conclusive, the remaining amount of damage will be recovered.

In full view of the above circumstances and the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed unfair and unfair.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the Defendant’s appeal is reasonable, and thus, pursuant to Article 364(6) of the Criminal Procedure Act.

유사 판례

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