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(영문) 서울남부지방법원 2019.11.26 2018노1145
사기
Text

The judgment below

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

Defendant shall be punished by imprisonment for a year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.

2. The Defendant, for a long time, repeatedly deceiving the same victim to commit the instant fraud with the amount of 73 million won or more, and the crime is not hot and good.

In addition, not only did the victim did not reach an agreement, but also did not recover the damage even though the defendant had to pay money to the victims several times in the course of investigation and trial over a long time.

In this regard, the victim submitted a written application to the court for the reason that "the defendant who got a false person to commit an act or speak in a false manner" was sentenced to severe punishment.

In addition, when the defendant denies the crime by carrying out the Yongsan Military Base Corporation and the Cheongmulri Construction in the police, the prosecution has committed the crime, and again, the question was whether his mistake has been divided by denying the crime in the original trial.

However, there is no history of criminal punishment before the crime of this case, and the fact that the defendant recognizes the crime in the court of original judgment that the defendant denies the facts charged at the court of original judgment is different from the defendant's genuine will."

On the basis of the sentencing precedent of the same kind of case, in full view of various circumstances, which are the sentencing conditions shown in the records and arguments of this case including the above main circumstances, the sentence of the court below is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Separate Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court, and the summary of the evidence, are ① the judgment of the court below.

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