(영문) 수원지방법원 2020.04.20 2020노435 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.04.20 2020노435

사기등

Text

The defendant's appeal is dismissed.

The defendant shall pay B the amount of KRW 261,060,000 to the applicant for compensation.

3.2

Reasons

1. The punishment of the original judgment (two years of imprisonment) is too unreasonable in view of the fact that the accused reflects the depth of the grounds for appeal, that there is no record of punishment for the same kind of crime, and that it is endeavoring to reach an agreement, etc.

2. Determination

A. The Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant recognized a crime and that the Defendant has no record of being punished for the same crime is favorable.

However, the Defendant’s crime of this case is a crime of so-called “phishing,” and is a serious crime of serious social harm, such as causing damage to many unspecified victims in a planned and organized manner and undermining the financial transaction order of our society, and thus, there is no agreement with the victim.

In full view of all other circumstances that serve as the conditions for sentencing as shown in the records and arguments of the instant case, the sentencing of the lower judgment does not seem to be excessively heavy beyond the scope of reasonable discretion, and there is no new special circumstance or change of circumstances that may be reflected in the sentencing of the Defendant after the lower judgment was sentenced.

Therefore, the defendant's assertion of unfair sentencing is without merit.

B. According to the evidence duly adopted and examined by the court below regarding the application for compensation order, the defendant can be acknowledged that he acquired 260,060,000 won from B who is the applicant for compensation, and the defendant is obliged to pay the above defrauded money to B.

3. The defendant's appeal for conclusion is without merit, and Criminal Procedure Act.

참조조문

-형사소송법

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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