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(영문) 청주지방법원 2018.01.18 2017노496
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant’s sentence (six months of imprisonment) is too unreasonable and unfair (the Defendant clearly stated that only the punishment was unfair on the first trial date). B. The Prosecutor’s sentence is too uneasible and unfair.

2. Circumstances unfavorable to the defendant are as follows.

The defendant acquired a total of KRW 154 million from the victim through active deception.

The defendant's crime seems to have suffered severe economic and mental suffering.

The accused may have been punished by a fine, a suspended sentence of imprisonment, or imprisonment with prison labor for the same crime.

Circumstances favorable to the defendant shall be as follows:

The Defendant confessions each of the crimes of this case, and is divided.

The Defendant paid the amount of KRW 15 million to the victim, and the victim transferred the ownership of the land under the pretext of satisfaction of the substitute property in 2015 (at the time, the Defendant and the victim did not ask the Defendant for criminal liability after tentatively drillinging the amount of KRW 50 million on the above land on the ground that the Defendant and the victim changed the amount of KRW 50,000,000,000 on the above land, and on this condition, the Defendant would not be held liable for criminal liability. The Defendant repaid or deposited the total amount of KRW 100,000 to the victim in the lower court and the first instance court, and the victim did not want the punishment of the Defendant by mutual agreement with the victim

On March 20, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Cheongju District Court to a two-year suspended sentence, and the judgment becomes final and conclusive on the 28th day of the same month. The above crime of fraud and each of the instant crimes, for which the judgment became final and conclusive, constitute concurrent crimes by the latter part of Article 37 of the Criminal Act. In cases where the punishment for each of the instant crimes is prescribed in accordance with Article 39(1) of the Criminal Act, the equity should be taken into account when the judgment was rendered

In addition, the records and arguments of this case, such as the defendant's age, sex, career, environment, background and result of the crime, and circumstances after the crime.

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