(영문) 전주지방법원 2018.12.19 2018노1442 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.12.19 2018노1442

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and two months.

Reasons

1. Each sentence of the lower court (two years of imprisonment with prison labor) against the Defendants in summary of the grounds for appeal is too unreasonable.

2. We examine the judgment of the court below. The crime of this case was committed by the defendants to allow the defendants to transfer to one of the children of the victim.

In the case of defraudation of KRW 300 million by fraud, in consideration of the content and method of the crime, and the amount of damage, etc., the nature of the crime was inferior, and the victim was fully returned KRW 300 million. However, as long as the Defendants prepared by F, which is not the Defendants, did not pay the above KRW 200 million to F, then the Defendants were fully recovered from damage caused by the crime of this case.

It is difficult to see that the Defendants are disadvantageous to the Defendants.

However, since the Defendants recognized all of the crimes of this case for the first time, they did not have the same criminal record, Defendant A did not have any other criminal record, and Defendant B did not have any other criminal record, and the victim provided money to the Defendants in order to achieve the non-legal purpose of the victim's illegal transfer admission to Korea, the victim seems to have a considerable responsibility for the occurrence of the crime of this case and the expansion of damage. The Defendants returned KRW 100 million to the victims, and the Defendants agreed to pay KRW 200 million, which was prepared by F, to the F, to pay approximately KRW 42 million to F as interest, and it appears that the Defendant paid approximately KRW 42 million to F as interest, and other circumstances favorable to the Defendants, such as the Defendants' age, sexual behavior, environment, relationship with the victims, motive and means of the crime of this case, the motive and consequence of the crime of this case, and the circumstances before and after the crime, etc., are considered, the Defendants' assertion to each of the charges of this case is justified.

3. Conclusion.

유사 판례

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