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(영문) 대구지방법원 2020.08.20 2020노1577

사기

Text

The judgment below

The part concerning the accused case shall be reversed.

[Attachment 2019 Highest3595] Case 2-3

Reasons

1. No applicant for the scope of adjudication of this court shall file an objection against a judgment dismissing an application for compensation order;

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. The lower court rejected an application for compensation by an applicant for compensation, and became final and conclusive immediately since this part was unable to file an objection. Therefore, the rejection of an application for compensation order among the lower judgment is excluded from the scope of the

2. Summary of grounds for appeal;

A. The prosecutor (unfairness) sentenced by the court below to the defendant is too unfortunate that it is too unfortunate that the sentence imposed on the defendant [for the crimes No. 2019Da3595, No. 2015, No. 1 through 4, No. 2020Kadan517, No. 2020, No. 2020, No. 1, No. 2019, No. 3595, No. 5 or 23, No. 2020,517, No. 2020,517, no. 2 or 15] is too unfortunateed.

B. The above punishment sentenced by the court below is too unreasonable.

3. The reasoning for appeal by the judgment and the defendant is examined together, and the crime of this case is likely to be criticized in that it was committed by deceiving continuously the defendant to the victims who are relatives and employees, for the reason that the defendant would lend money to a gold company or credit service provider to the victims who are relatives and employees, and by deceiving a large amount of money exceeding the total of KRW 917 million.0 million, among them, some of the crimes are low during the period of suspension of execution.

Even if the amount paid as part of the principal or interest to the victims is deducted, it seems that the damage recovery for the principal exceeding 300 million won out of the amount acquired through deceit is still not possible.

These points are disadvantageous to the defendant.

However, the defendant shows his attitude to recognize each of the crimes in this case and to reflect his fault in depth.

While the defendant was suffering from economic difficulties, he/she has already repaid his/her obligations.