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(영문) 대전지방법원 2017.12.20 2017노2423

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant 30,046,675 won, and 32.4

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) of the lower court is too heavy or unreasonable.

2. The fact that the nature of the instant crime was extremely poor in light of the course, method, and frequency of the instant crime, the total amount of damage to the instant case is the maximum amount of KRW 230 million, the damage has not been repaid up to the present, and the victims have failed to reach an agreement, the Defendant had been punished several times for the same type of crime, and the Defendant again committed the instant crime during the period of repeated crime.

However, in full view of the fact that the defendant recognized the crime of this case as well as there are no special changes in circumstances that may determine different from the original judgment and the punishment as stated in the records of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the punishment of the court below is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. According to the evidence duly adopted and examined in the court below's decision as to the application for compensation order and the data submitted by the applicant, the defendant is obligated to pay the applicant for compensation the amount of damages 30,046,675 won and the amount of damages 32,70,907 won to the victim T and the amount of damages 32,70,907 won to the victim T and the amount of damage 32,70,907 won within the scope of the above fraud amount. Thus, the defendant is also obligated to pay the compensation amount to the applicant for compensation, the amount of damages 30,046,675 won, and the amount of damages 32,70,907 won to the victim T and the amount of damage 32,70,907 won to the victim T.

It is reasonable to see that the applicant for compensation applied for a compensation order for the total amount of KRW 62,747,582 (=30,046,675 Won 32,70,907), but only within the above scope.