(영문) 대구지방법원 2017.07.19 2017노2025 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2017.07.19 2017노2025

사기

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All appeals by the defendant and the prosecutor are dismissed.

The defendant shall pay 10,030,000 won to the applicant AU.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (two years of imprisonment) is too unfased and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We examine the judgment prosecutor and the defendant's respective unfair arguments in sentencing together with each of the unfair sentencing of the defendant. The amount obtained by deceit of the crime of this case exceeds 280 million won and the victim exceeds 40 persons, and the victim is highly likely to be criticized in light of its circumstances, methods, and scale of damage, etc., and most of the damages are disadvantageous to the defendant.

On the other hand, the fact that the defendant is the first offender, all of the crimes of this case, confessions and reflects, approximately KRW 30 million out of the amount of damage has been repaid, and some damage has been recovered, and the victim AP expresses its intention not to be punished is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s crime, means and consequence, and all the conditions of sentencing as shown in the instant records and pleadings, the lower court’s judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or the defendant's assertion is too unreasonable as the defendant asserts, so the prosecutor and the defendant's assertion are without merit.

3. According to the evidence duly adopted and examined by the trial court on the application for a compensation order, it is recognized that the defendant acquired 10,030,000 won by deceiving the applicant for compensation to the AU for the crime of fraud of this case.

Therefore, the defendant is obliged to pay KRW 10,030,00 to the applicant for compensation by fraud.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are in accordance with Article 364(4) of the Criminal Procedure Act.

유사 판례

-인천지방법원 2016.02.04 2015노4268

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-청주지방법원 2016.07.15 2016노421

-부산지방법원 2016.04.07 2015노3327

-광주지방법원 2018.04.19 2018노866