(영문) 부산지방법원 2016.06.03 2015노4691 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.06.03 2015노4691

사기

Text

The defendant's appeal is dismissed.

The defendant shall pay 12 million won to the applicant G, and 1,339,00 won to the applicantN.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment, confiscation) is too unreasonable.

2. The fact that the defendant appears to be against his/her own mistake as well as the fact that the defendant has no record of crime exceeding the fine is recognized as a favorable condition to the defendant.

However, in full view of the fact that the Defendant committed a fraudulent crime against multiple victims, the amount of damage caused by each of the instant crimes, the fact that the Defendant did not agree with the victims, the fact that the Defendant had been punished as a crime of fraud, and the method of such crime is identical to the case that is 1253, the Defendant did not have any special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and other various sentencing conditions in the records and arguments, such as the Defendant’s age, character and conduct environment, circumstances before and after the crime, etc., the sentence of the lower judgment is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. It is recognized that the defendant's criminal facts of fraud against the applicant for compensation order are guilty, and that the amount of damage is 12 million won, 13390,000 won, respectively.

Therefore, the defendant is obligated to pay 12 million won in fraud to the applicant G, and 13.3.9 million won in fraud to the applicantN.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for remedy order by the applicant for compensation is accepted in accordance with Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and with respect to the declaration of provisional execution, Article 31 (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings

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