(영문) 수원지방법원 2020.03.19 2020노485 | 리걸엔진

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(영문) 수원지방법원 2020.03.19 2020노485

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been committed by deceiving the victim who was known to the defendant and acquired approximately KRW 119.7 million in total from the victim for a period of up to three months, and the nature of the crime is not good in light of the method, period, and amount of damage.

However, the defendant recognized the entire mistake and again did not commit such a mistake, and there is no record of punishment in excess of the same kind or fine prior to the crime of this case.

In addition, when the defendant was in the first instance, the amount of damage is fully repaid to the victim and the victim is fully agreed with the victim and the victim does not want to be punished.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, etc., and the circumstances after the offense, the lower court’s sentencing is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The sentence shall be determined as ordered prior to the grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2

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