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(영문) 서울북부지방법원 2015.12.04 2015노362
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The determination of the crime of fraud of this case is based on the nature of the crime such as deceiving the victim by stating the facts of the crime as stated in the judgment at the time when the defendant was not responsible and constructed for the whole hanok, and using a considerable portion of the construction cost received from the victim regardless of the marriage expenses or loan of the son, loan, etc., and falsely stating the details of the use of the construction cost to the victim. The crime of this case is significant; the fraud amount caused by the fraud of this case is considerably larger than 84 million won, and the above victim is punished against the defendant because the defendant did not properly meet the agreement with the victim E until now, or because the repayment of the damage was not made; five victims caused by the crime of violation of the Labor Standards Act are also five, and the total amount of overdue wages is not more than 309,09,000 won, which is disadvantageous to the defendant.

However, the court below's punishment against the defendant is somewhat inappropriate in light of all the sentencing conditions of this case, including the defendant's age, character and behavior, environment, health condition, the circumstance and consequence of the crime of this case, and the circumstances after the crime of this case, etc., where it is acknowledged that the defendant led to confession of the crime of this case and reflects the depth of the defendant, that part of the amount of money received from the victim E after concluding the new construction contract of this case with the victim E, would have been invested in the above construction work, and that the victim E deposited 1.8 million won in the court below for the victim E and endeavored to pay damages.

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