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(영문) 서울남부지방법원 2020.08.21 2020노742
사기
Text

The defendant's appeal is dismissed.

The defendant pays 45,609,323 won to an applicant for compensation in the trial.

3.2

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, confiscation) of the lower court 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 in the appellate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, the lower court’s sentencing was determined by comprehensively taking account of various circumstances as indicated in its reasoning, and the lower court, in the first instance court, paid a sum of KRW 2.5 million to Q from among the victims, and agreed that the said victim would not be punished by the Defendant, but the victim K, which was the largest amount of damage, wanted to be punished by the Defendant because it did not completely recover from damage. Considering the amount of damage suffered by the victims other than some victims agreed to by Q and the lower court, it is difficult to see that the lower court’s sentencing was a change in circumstances that could change the sentence was difficult, and even considering all the factors indicated in the argument in the instant case, such as age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc., the lower court’s sentencing is too excessive and it does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is groundless.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Meanwhile, according to the evidence duly adopted and investigated, the defendant can be recognized that he/she acquired money from an applicant for compensation from the applicant for compensation. Thus, the defendant has a duty to pay money of KRW 45,609,323 to the applicant for compensation.

Therefore, in accordance with Article 25(1), Article 31(1), Article 21(2), and Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, compensation order is

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