(영문) 광주지방법원 2020.08.18 2020노1139 | 리걸엔진

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자간(%)

(영문) 광주지방법원 2020.08.18 2020노1139

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall receive 11,00,000 won from the applicant for compensation by deceit.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year of imprisonment) of the lower court is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. A favorable circumstance is that the Defendant’s judgment on the assertion of unfair sentencing recognizes the instant crime; that part of the instant crime was committed by attempted attempts and the damage was not realized; and that the Defendant’s profit acquired from the instant crime could not be much higher than that of the Defendant’s criminal act.

On the other hand, the criminal defendant's participation in the criminal act needs to be punished to eradicate it, and the defendant's participation in the criminal act is essential to realize the profit of the criminal act, and even though the defendant did not lead the criminal act above.

Even if it is difficult to view that the responsibility is less severe, the defendant committed the crime of this case during the period of suspended execution due to the previous conviction, and the damage has not been recovered due to the crime of aiding and abetting fraud.

There are no special circumstances or changes in circumstances that can be newly considered by this court, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's arguments are not accepted.

3. The applicant filed an application for compensation with the purport that the court seeks payment of KRW 11,00,000,000, which is obtained by fraud.

Since the defendant fully acknowledges the facts constituting the crime regarding the applicant for compensation, the defendant is obliged to pay the applicant for compensation KRW 11,00,000 to the defrauded.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for compensation filed by the applicant for compensation is reasonable, Article 25(1) of the Act on Special Cases Concern

참조조문

-소송촉진 등에 관한 특례법 제25조 제1항

-형사소송법 제364조 제4항

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