(영문) 서울동부지방법원 2021.02.17 2020노1085

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(영문) 서울동부지방법원 2021.02.17 2020노1085

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. In fact, the amount of KRW 50 million borrowed from the victim B and KRW 11 million borrowed from the victim F was received at the expense of the captain and actually used for the captain’s exit, and the remainder of the money borrowed from the victims was received from the victims under other names, such as personal loan, not the cost of the captain’s exit, and the Defendant was able to repay at the time of borrowing money from the victims. However, the Defendant did not have committed deception against the victims and did not have any intention to acquire money.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. The Defendant also asserted as above in the lower court’s trial as to the assertion of mistake of facts, and the lower court determined that the instant facts charged was guilty by taking account of the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below after closely comparing it with the evidence, the judgment of the court below is just, and there is an error of law by mistake of facts as alleged by the defendant in the judgment below.

shall not be deemed to exist.

Therefore, this part of the defendant's argument is without merit.

3. Although the amount of damage in this case’s judgment as to the wrongful argument of sentencing is not much significant and the damage in this case’s case’s damage has not been actually recovered, and the defendant had a criminal record of suspended execution due to the same crime, considering the fact that considerable part of the damage in the victim F was repaid and agreed with the victim F, and all other circumstances that form the conditions of sentencing as indicated in the records, such as the defendant’s age, sexual conduct, environment, occupation, circumstance and contents leading to the instant crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, this part of the defendant's argument is justified.

4. The defendant's ground of appeal is with merit.

유사 판례

-의정부지방법원 2016.03.29 2016노352

-광주고등법원 2018.05.17 2017노557

-대전지방법원 2016.04.27 2016노196

-울산지방법원 2018.06.07 2018노164

-서울남부지방법원 2016.07.21 2016노238