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(영문) 서울서부지방법원 2017.09.18 2017노588
사기
Text

The judgment below

The remainder, excluding the case of application for compensation order, shall be reversed.

Two years of imprisonment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The judgment of the defendant denied the crime and consistent with the defense for the defendant, and that the amount of damage was a large amount of damage and was committed by using the victims' trust, and that the defendant did not receive an accusation from the victims is disadvantageous.

However, until July 2016, the Defendant alleged that the difference between the sum and the sum of the amounts charged is about KRW 200,000,000 for a considerable period of time by remitting money to the victims as interest at a high rate, and that the difference between the sum of the amounts charged is about KRW 208,76,60,000, but according to the E’s statement in the investigation agency’s statement, the difference is calculated as KRW 2,87,400, out of the amount remitted by the Defendant to the victims for the settlement of other transactions than the repayment of principal and interest.

is the same.

In addition, when the defendant was in a trial, all of the crimes of this case are recognized, in depth, and there is no record of punishment.

Considering the equity with similar cases whose scale of damage is similar, and the age, sex, intelligence and environment of the defendant, the background leading to the instant crime, the means and method of the crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is deemed unfair due to its gross negligence.

3. According to the conclusion, the remainder of the judgment of the court below, excluding the part concerning an application for compensation order, shall be reversed, and it shall be decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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