(영문) 서울중앙지방법원 2020.02.06 2019노4112

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.02.06 2019노4112

사기

Text

The defendant's appeal is dismissed.

The defendant shall pay 42,032,272 won to the applicant for compensation by deceit.

3.2

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The judgment is a favorable condition that the Defendant was aware of the crime of this case and recognized the mistake, and that the Defendant has no particular criminal history.

However, in light of the circumstances leading up to the crime of this case, methods, and the amount of fraud, etc., there is no good quality of the crime, and the fact that the victim immediately sought the return of money by consuming the money by the amusement expenses immediately, but the victim did not return the money, and the fact that the damage has not been recovered so far is disadvantageous.

In full view of all the conditions of sentencing, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, it is difficult to deem that the lower court’s punishment was excessively excessive and exceeded the reasonable scope of discretion.

3. The applicant filed a petition for compensation order with the purport that “49,800,000 won [2.50,000 won [2.50,00 won [2.50,00 won] and return equipment and mental damage compensation in Korea] are sought against the Defendant when the court was in a trial.”

However, according to the evidence duly adopted and examined by the court below, since the defendant can be recognized the fact that he received 248,800 bills from the applicant for compensation by means of fraud as stated in the facts constituting the crime in the judgment below, the defendant converted the above money into won currency, and the defendant stated the compensation order amount of KRW 42,032,272 (the Bank of Korea base rate of KRW 168.94 as of January 21, 2020, which was the date of closing argument x in the 248,800s as of January 21, 2020), the applicant specified the compensation order amount of KRW 49,80,000,000,000 (Korean KRW 41,50,000) and won currency at the same time.

shall be liable to pay such amount.

in excess of this.

유사 판례

-인천지방법원 2020.06.11 2020노144

-서울북부지방법원 2020.09.24 2020노1134

-서울서부지방법원 2020.05.04 2020노141

-수원지방법원 2020.03.27 2019노7041

-인천지방법원 2020.12.11 2019노3644