logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.04.23 2019노3400
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

All applications for compensation filed by the applicant for compensation.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (three years of imprisonment) is too unreasonable.

2. In light of the fact that the defendant's judgment on the grounds of appeal is a large amount exceeding 50 million won in total by the victims; that the defendant has not yet recovered from the damage of KRW 300 million, except for the money paid to the victims as interest, etc.; that the victims other than the victim P have a heavy economic suffering from the crime of this case; that the victims have been suffering from the crime of this case; that the victims have reached an agreement with the victims in the trial; however, there is no damage to the victims, except for the repayment of KRW 10 million to the victims G; and that the repayment plan presented by the defendant needs to be sufficiently recovered from the victims in the future, a sentence equivalent to the liability for the crime of this case shall be imposed on the defendant.

However, in light of the fact that the defendant shows the appearance of recognizing and opposing his mistake, additional KRW 10,00,000 to the victim G in the trial, the victims do not want to be punished for the defendant, the victims do not have any record of punishment for the same kind of crime in the past, and other factors revealed in the argument of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, criminal records, etc., it is judged that the sentence of the court below is unreasonable.

3. The amount claimed by the Defendant as to the determination of the application for compensation is different from the amount claimed by the applicant for compensation to have been repaid by the Defendant, and the applicant for compensation agreed with the Defendant at the trial after the application for compensation.

In light of the above circumstances and the fact that the defendant agreed to pay a certain amount of monthly profit to the applicant for compensation, this case is presented.

arrow