(영문) 서울남부지방법원 2018.06.15 2018노388

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(영문) 서울남부지방법원 2018.06.15 2018노388

사기

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All appeals filed by the Defendants and the Prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal is that each punishment (for each of the defendants, 8 months of imprisonment) declared by the court below against the defendants is too heavy (for each of the defendants) or frighted (for each of the defendants).

2. Judgment on the grounds for appeal

A. The crime of this case by Defendant A is a large amount of money up to KRW 180,000,000,000 by means of the crime committed by deceiving the apartment owned by Defendant B with no intent or ability to repay the damage, by making a false statement to the victim and deceiving the apartment owned by Defendant A with no collateral value as if it had enough collateral value. Defendant A acquired a large amount of profit as a result of the crime of this case, and Defendant A was deemed to have been holding a considerable portion of the profit at the time of the investigation by the investigative agency, but it does not seem to have seriously made efforts to repay the damage, etc., which is disadvantageous to the Defendant A.

On the other hand, the fact that the defendant A repents and reflects the wrong, and the fact that the defendant A paid 6 million won, which is part of the amount of damage to the victim in the trial of the party, and agreed with the victim is favorable to the defendant.

In addition, comprehensively taking account of all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below to Defendant A is judged to be appropriate as a result, and it does not seem to be too heavy or unreasonable.

B. Defendant B is an element for sentencing unfavorable to Defendant B, in which Defendant A participated in deception on the collateral value of an apartment that was offered as a security in acquiring money by deception from the damaged person. The degree of his participation is not easy, and damage recovery is almost not possible up to the trial even though the amount of damage is reasonable, and Defendant B has already been sentenced to imprisonment due to a crime of the same kind of fraud in around 2009.

On the other hand, the fact that Defendant B repents and reflects the wrongness.

유사 판례

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