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(영문) 대구지방법원 2019.05.24 2018노4576

사기

Text

1. The defendant's appeal is dismissed;

2. The Defendant shall pay 4.8 million won to the applicant for compensation by deceit.

3. The foregoing.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the fact that it is not good for economic circumstances.

However, in this case, the defendant acquired 12,480,00 won in total from three victims although he/she does not have an intent to repay or pay the money. In light of the method of crime, etc., it is recognized that there is a criminal record of a total of four times of punishment including two times of suspended execution due to fraud.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for remedy order filed in the trial is well-grounded. Thus, pursuant to Articles 25 (1) and 31 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the defendant shall be ordered to compensate the defendant for 4.8 million won by deceiving the applicant, and the provisional execution order is attached to the above order pursuant to Article 31 (3) of the same Act. It is so decided as per Disposition.