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(영문) 광주지방법원 2019.07.02 2019노872
사기
Text

The defendant's appeal is dismissed.

The defendant shall obtain money from the applicant for compensation 1,630,000 won and shall do so.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Determination of the grounds for appeal of this case recognizes and reflects the crime of this case, and prior to the instant case, the circumstance that the Defendant was the first offender who had no record of criminal punishment is recognized.

However, there is no small scale of the crime, such as that the defendant committed the instant crime against many victims, and the total amount of fraud damage exceeds KRW 70 million, and it is inevitable to impose strict punishment corresponding to the liability, such as the fraud of KRW 68 million as a consideration for employment solicitation.

Until the trial of the court, the victims except the victim H did not recover from the damage, and there is no change in sentencing conditions that can be newly considered in the trial compared with the original trial.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and is not deemed unreasonable because it is too unreasonable.

3. The applicant filed an application for compensation with the purport of seeking the payment of KRW 1,630,00 and damages for delay in the amount obtained by acquiring the acquired amount from Nos. 3 of the List of Offenses Nos. 2019Da514 as indicated in the judgment of the court below at the trial of the court below.

The defendants recognize all the facts charged and do not dispute the amount of compensation application.

Therefore, the Defendant is obligated to pay to the applicant for compensation the amount of KRW 1,630,00 and delay damages calculated at the rate of 15% per annum from May 10, 2019 to May 31, 2019, and 12% per annum from the next day to the day of full payment.

Of the application for compensation filed by an applicant for compensation, the part claiming damages from May 1, 2019 to May 9, 2019, and the part claiming damages from May 31, 2019.

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