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(영문) 서울중앙지방법원 2021.01.21 2020노98
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money from the applicant N to 90 million won.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) shall be too unreasonable.

2. The Defendant, while advertising the contents of “special supply of long-term rental apartment,” said that “special supply of long-term rental apartment,” brought victims to an uncertain business, and defraudeds a large amount of money, and thereby is not guilty of the crime.

In addition, the victims E and N did not fully pay the amount of damage for more than five years, and the victims suffered economic and mental suffering for a long time.

However, when considering the fact that the agreement with the victim Q has been concluded in the trial of the party, and that the above victim's imprisonment was not submitted, there is room for mitigation of the sentence of the court below.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. In addition to all the circumstances described in the judgment on the grounds for appeal prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment as ordered was determined by taking into account the following circumstances, including the Defendant’s age, career, health status, criminal record, motive and background of the crime, environment and circumstances after the crime, and the means and consequence of the crime, and all the circumstances shown in the entire pleadings after the crime.

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