(영문) 수원지방법원 2019.06.13 2019노1764 | 리걸엔진

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(영문) 수원지방법원 2019.06.13 2019노1764

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The Defendant was punished on three occasions or more as a result of a crime of fraud and embezzlement, and was punished on several occasions as a fine for a crime of violating the Labor Standards Act.

The victims of the instant fraud, embezzlement, and the crime of violation of the Labor Standards Act are many, and the total amount of damage to the instant fraud and embezzlement is the maximum amount of KRW 369 million.

Since the Korea Labor Welfare Corporation cannot be deemed to have paid substitute payment to the victims of the crime of violation of the Labor Standards Act and the defendant recovered from the damage, the amount equivalent to KRW 35.4 million out of the amount of damage to the crime of violation of the Labor Standards Act has not

Like the same, although the guarantee insurance company contracted by the defendant agreed to pay the amount of damage (47 million won) to L Co., Ltd., it is difficult to evaluate that the defendant has recovered the damage.

However, when it comes to the trial, the defendant's payment of the victim I's damage amount (30 million won) by subrogation of the victim corporation I is not subject to the punishment of the defendant. O is not subject to the punishment of the defendant, and E is also subject to the punishment of the defendant by agreement with the defendant.

The victim BD (damage 3.570,000 won) of the crime of violation of the Labor Standards Act has not been punished under the agreement with the defendant.

Ultimately, in full view of the following circumstances: (a) all victims except L, who committed fraud and embezzlement, are not punished; (b) the Defendant recognized all crimes and reflects the Defendant; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. The Defendant’s appeal is with merit.

참조조문

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