(영문) 서울중앙지방법원 2021.01.14 2020노2977

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자간(%)

(영문) 서울중앙지방법원 2021.01.14 2020노2977

사기

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, Defendant 1 did not know that the victim was the victim, such as the victim’s speech, etc. that the victim would sell Ecos to the victim’s reflect value, and the victim merely invested in Ecos in D representative J and G, etc., and Defendant is also a party to this case, and the judgment of the court below that recognized the crime of fraud against the Defendant was erroneous.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence that the court below rendered by the prosecutor (unfair sentencing) is too uneasible and unfair.

2. Determination

A. The defendant and defense counsel asserted to the same effect as in the original judgment, and the court below rejected the judgment in detail on the 30th and fourth side of the judgment. According to the evidence duly adopted and examined by the original judgment, the judgment below is just, and there is no error of misconception of facts as pointed out by the defendant and defense counsel. Thus, this part of the defendant's assertion is without merit.

B. The crime of this case is committed during the period of repeated crime, and even though the sum of defraudeds reaches KRW 300 million, it is necessary to strictly punish the defendant without making efforts to recover damage from the crime since the commencement of the investigation to the depth of the case.

However, in full view of the following facts: (a) the Defendant has no record of the same crime; and (b) the amount of KRW 130 million out of the defrauded money was immediately returned to the victim under the pretext of a discount or commission immediately after the crime was committed; and (c) various sentencing conditions as shown in the records and pleadings, the sentencing judgment of the lower court cannot be deemed to be too heavy or unfair as it goes beyond the reasonable limit of discretion.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is justified.

유사 판례

-의정부지방법원 2018.12.10 2018노2225

-대전지방법원 2018.11.09 2018노1305

-서울중앙지방법원 2017.10.20 2017노1916

-서울중앙지방법원 2017.07.20 2017노1630

-수원지방법원 2016.07.13 2016노1310