(영문) 서울중앙지방법원 2020.05.07 2019노3265

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(영문) 서울중앙지방법원 2020.05.07 2019노3265

사기

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The court below rejected the application for compensation order B, which is the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings), and this part was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment below is excluded from the scope of the trial of this court.

2. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

3. The judgment of the court below is just in favor of the defendant, and it seems that the defendant tried to pay the principal and profits to the victim through an investment made by the insurance business agency of the defendant's own accompanying company. It appears that the defendant committed the crime of this case. The court below paid the victim a total of KRW 23 million as investment proceeds and KRW 20 million as compensation for damage, and the victim paid the victim a total of KRW 23 million as investment proceeds, and the victim paid the victim a total of KRW 20 million as compensation for damage. The victim received the repayment plan of the defendant, and the victim wanted to leave the preference against the defendant while accepting the repayment plan.

On the other hand, the number of damages in the instant case is not a few, and as seen earlier, the Defendant paid additional KRW 14 million in a party trial, but considering this, the amount of damages not yet recovered is also small, etc. that are disadvantageous to the Defendant.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court is excessively heavy beyond the reasonable scope of discretion.

참조조문

-소송촉진 등에 관한 특례법 제32조 제4항

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