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(영문) 창원지방법원 2020.02.05 2019노2003
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

1. Grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows: (a) the defendant recognized his mistake; (b) the transfer of some of the funds to the victims in the original trial and the appellate trial; (c) the defendant's family members want to take the preference against the defendant; and (d) the defendant has no penalty power exceeding the same type and fine

However, in light of the fact that the defendant uses the personal trust relationship with the victims who are the couple of the father and wife of the university for a long time, deceiving the victims for a long time, and defrauds money exceeding KRW 880,000,00,00 in total, the crime is bad and the criminal liability is heavy.

Even if the damage was partially recovered as stated in the attached list of the charges that the defendant paid to the victims, the remaining amount of damage is more than KRW 500 million.

The victims want to take severe punishment against the defendant.

In addition to the above sentencing guidelines, comprehensively taking account of the scope of recommendations according to the sentencing guidelines set by the Supreme Court's sentencing committee, the lower court's punishment is within the reasonable scope of its discretion, and it cannot be deemed that it is unreasonable or unreasonable as it is unreasonable.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. According to the provisions of Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings as to Application for Compensation Orders, where the existence or scope of the defendant's liability for compensation is unclear, no compensation order shall be issued, and in such a case, an application for compensation order shall be dismissed pursuant to Article 32 (1) of

(see, e.g., Supreme Court Decision 2013Do9616, Oct. 11, 2013). The applicant for compensation (victim B) asserts that the Defendant has a duty to pay KRW 766,100,000, by fraud.

However, the claimant for damages from the defendant.

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