(영문) 창원지방법원 2016.10.19 2016노2015 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2016.10.19 2016노2015

사기

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and eight months;

3. The Defendant shall have jurisdiction over the applicant for compensation.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. As to the Defendant’s assertion, a large amount of damage to each of the instant crimes exceeds KRW 779 million in total, and even though the Defendant had been punished several times due to the same kind of crime, some of the criminal acts committed during the period of repeated crime was committed, and the Defendant did not agree with some victims until now, and did not complete recovery of damage, etc. are disadvantageous circumstances.

However, the fact that the defendant made a confession of all of the crimes of this case and reflects the truth in depth, among the seven victims, that the court below made the victim L, M, and the victim G, C, and D in the trial of the party, and that the above five victims have not been punished for the defendant, and that the part of the damage amount was paid to the victimO who did not reach the agreement is more favorable.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and other various sentencing conditions shown in the records and arguments, the sentence imposed by the lower court is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

B. We examine ex officio the part concerning the compensation order among the judgment below regarding the compensation order.

The court below ordered C, an applicant for compensation, to pay 45 million won by fraud, and 167.4 million won by fraud to D, the applicant for compensation, respectively.

However, as seen earlier, C/D does not want to be punished against the perpetrator in the course of the investigation or criminal trial against the perpetrator of the agreement with the defendant in the trial or in the course of the criminal trial.

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