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(영문) 대전지방법원 2020.10.07 2019노3732
사기
Text

The prosecutor's appeal is dismissed.

An application for compensation filed by an applicant for compensation in the trial of the party shall be dismissed.

Reasons

1. The summary of the grounds of appeal is that the Defendant, an insurance solicitor of the non-life insurance system, committed the instant crime in a planned manner by using the blind points of the non-life insurance system, and even though the nature of the crime is not less than that of the crime in light of the period and frequency of the crime, the amount of defraudation, etc., the damage has not yet been recovered, and it does not seem to be peep, such as denying the crime at the lower court, etc., the Defendant’s imprisonment (one year and six months, three years of suspended execution, three years of community service order, and two hundred hours of the community service order)

2. We examine the judgment on the grounds of appeal. The above circumstances alleged by the prosecutor are deemed to have been sufficiently taken into account when determining the punishment in the court below. This is the fact that the defendant has no same criminal power, the actual amount of damage appears to be less than the amount stated in the facts charged, and the court below appears to have taken an attitude against the mistake in taking advantage of the outcome of the trial in the instant case. In light of the various factors of sentencing revealed in the course of the pleadings in the instant case, the sentencing of the court below is too unfeasible and it does not seem to have exceeded the reasonable

3. On July 1, 2019, an applicant for compensation order filed an application for compensation order with the lower court seeking payment of KRW 48,357,88 at the lower court, and the lower court dismissed the application.

Nevertheless, on December 3, 2019, the applicant filed an application for compensation order seeking payment of KRW 46,403,775 again with this court on December 3, 2019, which partially differs from the above application for compensation and amount in the original trial, but it constitutes an application for compensation of the same content as the Defendant’s deceptive money seeking compensation.

Therefore, the application for compensation by the applicant for compensation at the trial is unlawful.

4. Thus, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation is without merit.

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