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(영문) 대구지방법원 2020.11.13 2020노1714
사기등
Text

The defendant's appeal is dismissed.

The defendant shall be 95,00,000 won and this shall apply to U who is an applicant for compensation.

Reasons

1. The decision of the court below (two years of imprisonment, confiscation, additional collection, order for compensation) is too unreasonable.

2. 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 does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) The lower court determined a favorable punishment against the Defendant, taking into account the following circumstances: (a) the crime of Bosing, such as the instant case, is committed on a systematic and planned basis against many unspecified persons; (b) the nature of the crime is very bad; (c) the degree of damage is getting worse as the number of crimes becomes more intelligent; and (d) the extent of damage is expanding differently as the damage is not easy to recover; and (e) the total amount of damage amount of the instant fraud is higher; and (e) the sum of the damage amount of the instant fraud amount is considered high; and (e) the Defendant appears to have participated in the crime in the first and second instances of economic difficulties; and (e) the Defendant’s mistake is recognized and against it. In so doing, the lower court determined a favorable punishment, taking into account the circumstances: (a) the lower court did not change the circumstances of the Defendant’s punishment to the extent that there is no reasonable motive or change in circumstances, such as the Defendant’s age, etc.; and (b) the lower court did not have any reasonable motive or change in circumstances.

3. The applicant in the judgment of the court on the application for compensation by the applicant for compensation shall file an application for compensation with the purport of seeking against the defendant the payment of 95,00,000 won by deceptive money and damages for delay.

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