(영문) 대전고등법원 (청주) 2018.10.04 2018노79

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(영문) 대전고등법원 (청주) 2018.10.04 2018노79

사기

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the original judgment (one year of imprisonment) by Defendant is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. There is no change in the conditions of sentencing compared with the original judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The crime of this case is a circumstance unfavorable to the Defendant, such as: (a) the fact that the crime of this case was committed by the victim N orO’s wife, or acquired and acquired money from the victims even though there is no intention or ability to make a change, and that it is not good that the crime is committed in light of the law or the frequency of the crime; (b) the damage amount (including the value of the acquired property or property profit) exceeds KRW 100,00,00 and most of the amounts are not repaid; and (c) the Defendant continued to commit the crime of fraud even after the indictment was instituted in the Cheongju District Court 2017 and 298.

However, it is favorable to the defendant that the defendant led to his confession of his crime and reflects his depth, that the amount of 11 million won out of the amount of damage was repaid, that some victims do not want the punishment of the defendant, and that there was no record of punishment for the same crime.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, all of the sentencing conditions as shown in the pleadings are considered. The punishment determined by the lower court is carried out within the reasonable scope of discretion, and it is not recognized as being too heavy or unreasonable.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is groundless.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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