(영문) 대구지방법원 2017.07.21 2017노1367 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2017.07.21 2017노1367

사기등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The court below found the defendant guilty as to the fraud that the defendant acquired a total of KRW 110,069,419 won from the victim E in the part of "2015 order 156" of the facts charged of this case, and in addition, as to the fraud that the defendant acquired a total of KRW 46,60,000 from the victim E, the court below found the defendant not guilty on the ground of the judgment, and found the defendant guilty of fraud (the part that convicted the defendant) which is a single comprehensive crime (the part that convicted the defendant). The court below found the defendant and the prosecutor guilty as to the guilty part of the facts charged of this case, but the non-guilty part of the grounds that the prosecutor did not appeal is also subject to the judgment (see Supreme Court Decision 2004Do5014, Oct. 28, 2004). Thus, the judgment of the court below should be judged only on the guilty part of the judgment of the court below.

2. Summary of reasons for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

3. We also examine each of the unfair sentencing arguments between the defendant and the prosecutor.

The crime of fraud of this case is a large amount of crime committed by the defendant using trust relationship with the victims, and the nature of the crime is very rough and bad, the total amount of damage is about 190 million won, and the damage to the victim E is about 110 million won, the damage to the victim E is not completely recovered, the victim E and Q did not receive a letter, the defendant committed the crime of this case without care for the period of repeated crime of the same kind, even though he had a record of criminal punishment for several times due to the same crime, and even though he was under trial at the court below, he escaped.

However, the defendant made a confession of all crimes for the first time, and made his mistake.

참조판례

-대법원 2004. 10. 28. 선고 2004도5014 판결

유사 판례

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-대구지방법원 2016.05.27 2016노736

-서울동부지방법원 2018.12.13 2018노964

-인천지방법원 2018.10.25 2018노1755

-서울고등법원 2017.01.13 2016노2188