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(영문) 제주지방법원 2021.02.04 2020노862

사기

Text

The defendant's appeal is dismissed.

The defendant shall be liable to the applicant G for the damage KRW 2,50,000, and the applicant F shall be liable.

Reasons

1. The punishment of the lower court (one year and six months) on the summary of the grounds for appeal is too unreasonable;

2. In light of all the sentencing conditions indicated in the records and arguments of this case including the fact that each of the crimes of this case was committed in the judgment on the grounds of appeal, including the details and methods of the crime, the number of victims, the scale of damage, the relationship between the defendant and the victims, etc., and the defendant did not receive a letter from the victims, and the victims did not recover most of the damage, even if considering the fact that the defendant partially repaid the amount of damage, the family relationship, and the economic situation of the defendant, the sentence imposed by the court below on the defendant for the reasons stated in its reasoning is too unreasonable.

3.In the first instance of the judgment on the application for a compensation order, G applicant for compensation amounting to 2,500,000 won by fraud (15,000 won by fraud, hereinafter the same shall apply);

The applicant F filed an application for compensation order with the purport that he/she seeks each payment of 16,00,000 won by deception (20,000 won by deception), 13,300,000 won by defraudation (79,000 won by deception) and 31,00,000 won by defraudation (18,000 won by deception) by the applicant B.

However, according to the evidence duly adopted and examined by the court below, the defendant stated the 15,000 bill from the applicant G for the crime of fraud as stated in the judgment of the court below as follows: the 127,000 bill from the applicant F; the 127,000 bill from the applicant E; the 127,000 bill from the applicant E; and the 218,000 bill from the applicant B; and the defendant stated that the amount of the 188,000 bill to be paid to the Applicant B is the 79,00 bill for the Claimant E.

Therefore, on January 21, 2021, the date when the pleading is concluded, which was the date when the above claimant converted the above money into Korean won to the above claimant, the defendant applied the exchange rate announced by the P Bank as of January 21, 202, 170.42 won/ the above proposal.

Within the scope of this section, the above claimant is the defendant.