(영문) 대구지방법원 2017.02.15 2016노5430 | 리걸엔진

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(영문) 대구지방법원 2017.02.15 2016노5430

사기

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The judgment below

The part of the case of the defendant and the part of the compensation order against the applicant E shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. It is recognized that the part of the case of the defendant was not restored to a considerable amount of damage, the fact that the defendant and the prosecutor did not agree with the victim C, M, N,O, P, Q, most of the acquired amount was used for entertainment expenses, in light of the following: (a) the attitude of each of the crimes of this case, the method, frequency, etc. of each of the crimes of this case; (b) the crime was bad; and (c) the fraud amount was a total of 16,150,000 won.

However, the defendant divided his mistake, and there is no particular criminal history other than 70,000 won for the crime of gambling in 2010, and paid 11,80,000 won to the victim C, the victim D paid 10,000 won at the court below and agreed to pay 10,000 won to the victim D, and additionally paid 43,00,000 won of the remaining money to the victim E at the court below, the defendant's age, sex, environment, motive, means and consequence of each crime of this case, and the circumstances after the crime, etc. are considered, and the defendant's argument is without merit, while the prosecutor's assertion is without merit.

B. According to the record as to the part of the compensation order against the applicant E, the applicant E is in the first instance of the trial, and the applicant E was fully paid the full amount of KRW 20 million, so the Defendant does not want to be punished.

Inasmuch as the agreement to the purport and the submission of an application for non-compliance with punishment is known, it shall be limited to cases where it is impossible to issue a compensation order because the existence and scope of the Defendant’s liability for compensation against the applicant E is unclear.

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