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(영문) 광주지방법원 2017.09.07 2017노2811

사기

Text

1. The defendant's appeal is dismissed;

2. The defendant will pay 150,000,000 won to the applicant for compensation by deceit.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of the Defendant is a favorable condition to the Defendant that there was no criminal history, as well as once a fine, and that the Defendant recognized his/her mistake and reflected against himself/herself.

However, considering the fact that the amount acquired by the Defendant is up to KRW 150 million, the damage is not recovered, the victim wants to punish the Defendant, and other circumstances revealed in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, etc., it is not recognized that the sentence of the lower court is too unreasonable, and thus, the Defendant’s assertion is rejected.

3. Conclusion

A. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

B. Since an application for compensation filed at the trial of the party is partly well-grounded, an order shall be issued to the defendant to pay the amount of KRW 150 million by deceit to the applicant for compensation pursuant to Articles 25(1), 31(1) and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., and a provisional execution is issued to the above order for compensation pursuant to Article 31(3) of the same Act (Provided, That an application for compensation for delayed portion is not appropriate under the law as there is no clear provision about the additional payment and interest rate thereof).