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(영문) 대구지방법원 2020.02.19 2019노1264

사기등

Text

The defendant's appeal is dismissed.

The defendant pays 100,000,000 won to D who is an applicant for compensation.

3.2

Reasons

1. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant made a confession of all of the crimes of this case and reflects the mistake, and that the defendant compensates for the amount of embezzlement damages as part of the 100 million won which the defendant acquired by deceit.

However, in full view of the following circumstances: (a) the amount of damage caused by each of the instant crimes exceeds KRW 134 million; (b) the amount of damage was not repaid; and (c) there were no special circumstances or changes in circumstances that may be newly considered after the decision of the court below was rendered; and (d) other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the punishment imposed by the court below is too unreasonable to the extent that it exceeds the reasonable

Therefore, the defendant's assertion is without merit.

3. The Defendant’s appeal is without merit. Thus, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the application for compensation filed in the trial is with merit. Thus, it is so decided as per Disposition pursuant to Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.