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(영문) 서울동부지방법원 2019.05.17 2019노316
사기
Text

The defendant's appeal is dismissed.

The defendant shall pay 145,00,000 won to an applicant for compensation and the defendant shall pay 145,00,000 won on January 23, 2016.

Reasons

1. Determination on the appeal

A. The summary of the reasons for appeal (one year of imprisonment) by the lower court is too unreasonable.

B. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable to the Defendant and the unfavorable circumstances, the lower court determined the sentence by comprehensively taking account of all the circumstances favorable to the Defendant, and there is no particular change in the sentencing conditions compared to the lower court in the trial. In full view of the various sentencing conditions stated in the records and arguments in this case, the lower court’s sentencing is too unreasonable and thus, it does not seem to have exceeded the scope of reasonable sentencing discretion.

Therefore, the defendant's assertion is not accepted.

2. Recognizing that the facts charged against the applicant for compensation are found guilty, and that the defendant recognized the applicant for compensation as the applicant for compensation, the court shall order the applicant for compensation to compensate for the amount of KRW 145,00,000 and the amount calculated by applying for compensation at the rate of 5% per annum from January 23, 2016 to April 19, 2019, and 15% per annum from the following day to the date of full payment.

3. According to the conclusion, the appeal of this case by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is groundless. Since the application for compensation order by the applicant for compensation is well-grounded, it is accepted in accordance with Article 25 (1), (2), and Article 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is decided as per Disposition by applying Article 3

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