(영문) 서울북부지방법원 2019.10.17 2019노1277

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(영문) 서울북부지방법원 2019.10.17 2019노1277

사기

Text

The defendant's appeal is dismissed.

The defendant pays 45,00 won to the applicant for compensation by fraud.

Reasons

1. The decision of the court below is too unreasonable to punish the defendant as to the summary of the grounds for appeal.

2. The lower court determined the Defendant’s punishment on the grounds of sentencing as stated in its reasoning. In full view of the circumstances stated by the lower court and all other sentencing conditions in the proceedings of the instant case, it cannot be deemed that the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. According to the records of the judgment on the application for compensation, since the defendant was found to have inflicted damage on the applicant for compensation of KRW 45,00 as a result of the instant crime, the application for compensation by the applicant for compensation has reasons within the above KRW 45,00.

In addition to the above amount, the applicant sought a compensation order of KRW 10,000 as well as the transportation cost of KRW 10,000. However, this does not constitute a direct physical damage caused by the criminal act, and thus, this part of the application

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and since the application for compensation by the applicant for compensation is partially well-grounded, it is ordered to order the defendant to obtain money by deceit pursuant to Articles 25 (1) 1 and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and to attach a provisional execution order to the above compensation order pursuant to Article 31 (3) of the same Act on the ground that the remaining part of the application for compensation is without merit, and it is ordered to dismiss

However, Article 347 (1) of the Criminal Act is clear that the term “the pertinent provision on the crime of 1.1. 7” of the judgment of the court below is a clerical error in the name of “Article 347 (1) of the Criminal Act and each of the imprisonment options,” and Article 25 (1) of the Regulations on Criminal Procedure is corrected ex officio in accordance with Article 25 (1) of the same Act.

참조조문

-소송촉진 등에 관한 특례법 제25조 제1항 제1호

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