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(영문) 광주지방법원 2018.12.18 2018노3366
사기등
Text

The defendant's appeal is dismissed.

The defendant shall be liable to the applicant BN for the damage KRW 800,000 and the applicant DV for the damage.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment of the court below recognized all of the crimes of this case and reflected, and at the court below, 108 victims among the 134 victims agreed to pay damages, and only the victims agreed to do so.

However, it is not good that the crime of this case is committed by deceiving 134 victims in total, by deceiving 100 million won or more as tuition fees, and by forging 120 copies of qualification certificates in the process, it is not appropriate to commit the crime of this case.

The defendant has been punished by a majority of the crimes of the same kind, including three times of suspended sentence of imprisonment.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

3. Determination as to an application for a remedy order for the above case

A. The petitioner BN, DV, and AR petitioner BN filed a compensation order of KRW 800,000 for damages caused by this case’s fraud; the petitioner DV filed a compensation order of KRW 400,000 for damages caused by this case’s fraud; the petitioner AR filed an application for compensation order of KRW 720,000 for damages caused by this case’s fraud; and the petitioner AR filed an application for compensation order of KRW 720,000 for damages caused by this case’s fraud, and the amount calculated at the rate of KRW 15% for each year from the day following the delivery of a copy of the application for compensation order to

According to records and evidence, the defendant is recognized to have acquired each of the above damages from the applicant BN, DV, and AR, so the defendant is obligated to pay 800,000 won by defraudation to the applicant BN, and 400,000 won by defraudation to the applicant DV, and 720,000 won by defraudation to the applicant AR and this is so.

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