(영문) 창원지방법원 2019.03.27 2018노2991 | 리걸엔진

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(영문) 창원지방법원 2019.03.27 2018노2991

사기등

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The defendant's appeal is dismissed.

Reasons

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

2. The judgment that the defendant led to the confession and reflect of all of the crimes of this case, and that the defendant agreed with the victim of the special damage of this case is favorable to the defendant.

However, there is no recovery of damage caused by the crime of breach of trust in this case, and in the case of the crime of fraud in this case, the defendant repeatedly acquired money through the use of personal trust relationship with the victim for a considerable period of time, and the fact that the crime is not good, such as the defendant's failure to recover damage to the victim even after he saw the money by living expenses, etc., is an unfavorable condition to the defendant.

In addition, in full view of the circumstances shown in the records and arguments in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., there is no circumstance that the sentence imposed by the lower court is appropriate, and it is deemed that the lower court’s judgment exceeded the reasonable bounds of discretion or is unreasonable to maintain it as it is.

The Defendant stated in the prosecution that he paid part of the amount of damage (18,316,757 out of KRW 81,50,000) to the victim of the instant fraud crime, and the court also has changed to the same purport.

However, it is not clear that the defendant paid the amount of money in the name of profits to the victim in the name of the plaintiff and the defendant's name or received a return of part of the amount from the victim's each statement (see each statement made by the police protocol of the suspect's interrogation (the second time and the second time) against the defendant) of the defendant and the victim, details of the account transaction in the name of the victim, details of the account transaction in the name of the defendant [the statement of deposit transaction (D, Q bank account), account statement (suspect account) and account statement in the name of the defendant, E bank account

유사 판례

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