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(영문) 의정부지방법원 2021.02.04 2020노2953

사기

Text

The defendant's appeal is dismissed.

The defendant shall obtain money of KRW 17,00,000 from the applicant N, and the defendant shall do so on 20,020.

Reasons

1. Summary of the grounds for appeal and the sentencing (one year and six months of imprisonment with prison labor for the original instance);

2. The court below's sentencing is acceptable in full view of the circumstances unfavorable to the defendant, including the fact that the defendant led to the confession of each of the crimes of this case, the fact that there was no record of punishment exceeding the same kind of punishment or fine in the past, etc. However, in light of the nature of each of the crimes of this case, methods and circumstances of the crimes of this case, and the value of defraudation, etc., the responsibility for the crime is heavy, and the victim's et al. did not receive a letter until the trial of the case, and the damage has not been recovered, and the sentencing conditions under Article 51 of the Criminal Act as well as the sentencing conditions under Article 5

Meanwhile, in the case of a party, the applicant filed an application for compensation order with the applicant seeking the payment of the fraudulent money, and the defendant is obligated to compensate for delayed damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 29, 2020 to the date of full payment, as the applicant seeks for the delivery of the copy of the application for compensation order from December 29, 2020 to the date of full payment.

Since it is a person, an application for compensation can be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the defendant's application for compensation is with merit under Articles 25 and 31 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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