logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.08.20 2020노828
사기등
Text

The judgment below

The remainder of each compensation order and each rejection of compensation application shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

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

2. The judgment of the defendant borrowed and acquired a large amount of money to the branch, thereby committing a crime of fraud against many and unspecified persons ( approximately KRW 89 million), and the total amount of damage exceeds KRW 100 million, and the amount deposited by the defendant in an illegal Internet gambling is up to KRW 900 million, etc., which are disadvantageous to the defendant.

On the other hand, the defendant recognized and opposed to the crime of this case, without any specific criminal records, and paid approximately KRW 12,00,000 out of the damage amount of KRW 29,000,00 to the victim Q Q, and approximately KRW 34,00,00 out of the damage amount of KRW 53,00,00 (Evidence 104, 1648, evidence record 104, 2019, class 1605, evidence record 25), and further, the defendant paid KRW 4,00,000 to some victims of the goods at the trial (part of the victims submitted an agreement). The defendant agreed with U.S. and V (in case of U, about KRW 17,00,000, additional repayment or agreed part of the damage amount of KRW 681,00,00 in the case of the victim AV).

In addition, considering the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as a whole, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is groundless.

3. If so, the defendant's appeal is reasonable, and the part of the judgment below excluding dismissal of each order for compensation and application for compensation pursuant to Article 364 (6) of the Criminal Procedure Act excluding dismissal of each order for compensation and application for compensation is reversed

(2) If an appeal by the defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately).

arrow