(영문) 서울남부지방법원 2016.09.30 2016노1596

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(영문) 서울남부지방법원 2016.09.30 2016노1596

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (four months of imprisonment) is deemed unreasonable as it is excessively unhutiled.

B. The sentence of the lower court is excessively unreasonable.

2. Determination ① There is no record of criminal punishment before committing the instant crime, and there is no record of recognizing the instant crime, and the Defendant deposited KRW 1 million at the lower court to pay damages, and the need to consider equity with the case where the instant crime of fraud becomes final and conclusive at the same time as the instant judgment becomes final and conclusive.

② However, the instant fraudulent act is deemed to play an important role in the instant fraudulent act, such as: (a) multiple persons conspired to engage in the instant fraudulent act in collusion for the purpose of stabilizing the residence of homeless workers by acquiring money; (b) there is a need for strict punishment; (c) differently from the deception of fraud for which judgment became final and conclusive; (d) the Defendant appears to have served as an important role in the instant fraudulent act, such as having falsely lessee E and falsely lessor D, explain the method of crime, and allowing them to prepare a false lease agreement; (e) however, in light of the fact that the Defendant was merely delivering documents to receive daily allowances at the request of H “H” without knowing the specific lending method, it is doubtful whether the Defendant is actually against the foregoing; (e) in light of the degree of involvement of the Defendant in the instant criminal act, the Defendant bears heavy liability separate from the amount received by the Defendant in return for the commission of the crime; (e) equity punishment against the accomplices; and (e) the punishment of the Defendant on the amount of the instant fraud (93 million won); and (iii) any other circumstances such as the means and consequence of the instant criminal act.

3. In conclusion, the prosecutor's appeal is justified.

유사 판례

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