(영문) 대전지방법원 2020.05.07 2020노449 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.05.07 2020노449

사기

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that from the date of this judgment.

Reasons

1. The lower court rendered a judgment of innocence as to the fraud on June 5, 2014 among the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of each fraud.

As to this, only the Defendant appealed on the guilty portion of the lower court on the ground of unreasonable sentencing.

Therefore, the fraud of June 5, 2014, which was sentenced to the judgment of not guilty among the judgment below, was separated by the prosecutor's failure to appeal, and thus excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

3. The Defendant used the personal confidential relationship with the victim during a considerable period of time, and committed the crime, and is not good in view of the circumstances, etc. of the crime.

In addition, the fact that the amount of damage exceeds 300 million won is disadvantageous to the defendant.

However, the court below's punishment is too unreasonable in light of the following factors: (a) the defendant recognized all of the crimes of this case in the trial and reflects in depth; (b) the defendant paid KRW 200 million to the victim during the trial; and (c) the defendant expressed his intent that the victim is not subject to punishment; and (d) the defendant is the first offender who has no criminal record. In addition, considering the motive and circumstance of the crime of this case, means and methods, the circumstances before and after the crime of this case, the defendant's age, character and conduct, and environment, and the result of the application of the sentencing guidelines of the Sentencing Committee, etc., the court below's punishment is too inappropriate.

4. As such, the defendant's appeal is with merit. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court and summary of evidence are evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-의정부지방법원 2020.05.29 2020노59

-서울고등법원 2018.01.26 2016노3507