(영문) 서울중앙지방법원 2020.06.24 2020노735

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(영문) 서울중앙지방법원 2020.06.24 2020노735

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (in collusion with Defendant 2 and an unreasonable sentencing) did not acquire the property from the victim in collusion with Defendant 2, and the lower court’s imprisonment (ten months of imprisonment) is too heavy.

B. The Prosecutor’s sentence of the lower court is too minor.

2. Determination

A. According to the evidence of the Defendant’s assertion of mistake of facts, the Defendant’s assertion of mistake of facts is without merit, in collusion with B, sufficiently recognizes the fact that the Defendant acquired KRW 150 million from victim D as a security deposit for lease.

B. The Defendant paid a total of KRW 50 million to the victim D and agreed with the victim, and the victim D and B wanted to be punished as an accomplice; although the Defendant was found to have led to the crime, the Defendant committed the crime in this case in the aggravated period of repeated crimes due to the same and different types of crimes, as well as the fact that the Defendant committed the crime in this case during the aggravated period of repeated crimes due to the same kind of crimes, even though he was convicted before 2010, there are many other favorable circumstances, such as the Defendant’s age, character and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., and it is difficult to deem that the Defendant was responsible for the crime in the trial, and that it is against the Defendant’s criminal intent. In full view of the factors revealed in the argument of this case, such as the crime, etc., the sentencing of the lower court cannot be deemed to have been too heavy or excessive, and thus, it does not seem to have exceeded the reasonable scope of discretion.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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