(영문) 대전지방법원 2020.01.15 2019노2812 | 리걸엔진

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.01.15 2019노2812

사기

Text

The defendant's appeal is dismissed.

The defendant shall be 384,00 won by fraud to U who is an applicant for compensation, and AF who is an applicant for compensation.

Reasons

1. Determination of the accused case

A. The gist of the reasons for appeal (4 months of imprisonment and 6 months of imprisonment) of the lower court is too unreasonable.

B. Examining the sentencing conditions indicated in the records and arguments of the instant case and the reasons for sentencing of the lower judgment, even considering all the circumstances alleged by the Defendant as the grounds for appeal, the lower court’s punishment cannot be deemed to be too unreasonable, and there is no significant change in circumstances that may consider the sentencing of the Defendant after the lower judgment.

C. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is groundless.

2. Determination as to the application for compensation

A. Since the application for each order for compensation by U andO, which is the applicant for compensation, is well-grounded, each application for compensation by U andO, the order for compensation by deceit to U andO pursuant to Articles 25(1)1 and 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be issued, and provisional execution is attached to the above order for compensation pursuant to Article 31(3) of the same Act.

B. Since an application for compensation order by AF, which is an applicant for compensation, is well-grounded within the scope of KRW 268,320, which is the amount of damage caused by defraudation, out of KRW 8,50,00,00, the amount of application for compensation, it shall not be cited since it is recognized that the Defendant is liable for fraudulentation against AF, which is the applicant for compensation pursuant to Articles 25(1)1 and 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and a provisional execution is ordered pursuant to Article 31(3) of the same Act, and that the remainder of the application for compensation exceeding the amount of

참조조문

-소송촉진 등에 관한 특례법 제25조 제1항 제1호

-소송촉진 등에 관한 특례법 제31조 제1항

-형사소송법 제364조 제4항

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