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(영문) 인천지방법원 2020.01.31 2019노3794

사기

Text

The defendant's appeal is dismissed.

Defendant 1,567,200 won, and 1,00,000 won, to K who applied for compensation, and to I who applied for compensation.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following circumstances: (a) there is no change in the conditions of sentencing compared to the original judgment because new sentencing materials have not been submitted in the trial court; and (b) the circumstances alleged by the Defendant on the grounds of unfair sentencing appear to have been reflected in the grounds of sentencing; and (c) other various circumstances, including the motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions of sentencing specified in the lower court’s sentencing trial process, the lower court’s sentencing cannot be deemed to be too unreasonable

Therefore, the defendant's assertion is without merit.

3. According to the evidence duly admitted and examined by the court below and the court below, the defendant is obligated to pay K the compensation applicant amounting to KRW 1,567,200,000, KRW 1,567,200, KRW 200,000 from K which is the applicant for compensation, and KRW 1,567,200 from H which is the applicant for compensation, and KRW 20,000,000 from H which is the applicant for compensation. Thus, the defendant is obligated to pay KRW 1,567,20, KRW 1,000 to K which is the applicant for compensation, KRW 1,00,000, and KRW 20,000 to H which is the applicant for compensation.

4. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the application for compensation by the applicant for compensation is well-grounded, it is decided to accept it under Articles 25 (1) and 31 (1) through (3) of the Act on Special Cases Concerning Promotion, etc. of Lawsuit