(영문) 수원지방법원 2020.09.23 2019노975 (1)

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(영문) 수원지방법원 2020.09.23 2019노975 (1)

사기

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The judgment below

Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

2. We examine whether the Defendant’s damage was recovered.

(1) In the case of acquiring “the full-time loan of KRW 136 million” committed by the Defendant in collusion with A or G, A has already been reflected in the sentencing of the original instance, such as the full-sum repayment of the amount of damage and the agreement with the victim, etc., and there is no part of additional repayment or agreement

Therefore, there is no change in the sentencing conditions compared to the original judgment as to this part.

② Next, in the case of defraudation of “the amount of full-time loan of KRW 152 million,” which the Defendant committed in collusion with G and C, the Defendant’s actual repayment is limited to a part of the amount actually paid by the Defendant (the Defendant claimed that the Defendant repaid the amount of KRW 6 million at the lower court’s trial). The victim claimed for the payment of KRW 167,200,000,000 insurance policy against AH pursuant to “the right insurance contract for the loan of the preceding month, which was concluded with AH,” which was received on April 9, 2019 (the reference materials submitted at the first instance trial as of August 23, 2019). This is merely a fact that the victim was paid the insurance money to secure the risk of the loan of the preceding year rather than receiving the amount of damage from the Defendant’s side, and it cannot be deemed that the Defendant paid the amount of damage.

This is because the risk and damage caused by the criminal act committed by the criminal defendant has been transferred to AH, an insurance company.

Therefore, this does not constitute a case where damage was restored by the defendant's efforts.

The conditions of sentencing are not changed.

Furthermore, the defendant did not actually compensate for part of the amount of damage to AH, or did not reach an agreement for compensating for the amount of damage.

In the end, there is no change in the conditions of sentencing compared to the original judgment.

(3) However, on July 7, 2020, the defendant's side has reached the trial of the court, and the victim NB bank will be future.

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