2018No249 Fraud

old ○○, Self-employed

Defendant

Kim Yong-ju (Court of Second Instance) and the right of gate (Court of Second Instance)

Attorneys Kim Chang-chul-gu District Court Decision 2017Kadan3000 Decided January 11, 2018

April 27, 2018

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

4. To order the accused to provide community service for 80 hours.

1. Summary of grounds for appeal;

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Determination

The crime of this case is deemed to have been transferred to the victim by deceiving the victim by means of manipulating the sales of the kin's shop operated by the defendant, and the content and nature of the crime is bad, and the amount acquired by the defendant through the crime of this case reaches KRW 185 million.

However, it is also recognized that the defendant led to the confession of the crime of this case against his mistake, and the victim does not want the punishment of the defendant by agreement with the victim.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., all the sentencing conditions shown in the case records and arguments, the sentence sentenced by the court below is somewhat inappropriate.

3. Conclusion

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

The facts constituting the crime and the summary of the evidence acknowledged by the court are the facts constituting the crime and the summary of the evidence. The summary of the evidence is as stated in the respective corresponding column of the judgment of the court below, except for adding “1. The defendant’s oral statement” under the second part of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act, choice of imprisonment 1. Article 62(1)1 of the Act on the Suspension of Execution

Judges Shin Jin-jin

Judges Park Gi-mo