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(영문) 광주지방법원 2020.12.15 2020노2476
사기
Text

The defendant's appeal is dismissed.

The defendant pays 52,500,000 won to G, who is an applicant for compensation in this court.

Reasons

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

2. Determination is an element of sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the first offender, and the fact that the defendant's acquisition of the benefit in this case is not significant

On the other hand, the total amount of damage caused by the crime more than six times reaches 14.4 million won, and the victims did not recover from damage, and the victims delivered the amount of damage to the defendant with the name of the financial institution that the victims repaid the loan to the defendant, and the name of the financial institution that the victims changed once. In light of the fact that the victims deposited the amount of damage into several accounts by using different resident registration numbers, the defendant seems to have failed to have a low level of awareness of the conspiracy to participate in the crime of this case, and there is a need to punish the crime of Bosing, which is disadvantageous to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. G, which is an application for compensation by G, which is an application for compensation by this court, entered the amount sought for the initial application for compensation in KRW 44,900,00,000, which is an application for compensation by fraud, in the judgment of this court. However, G, which is an application for compensation by this court, submitted a written correction in KRW 52,50,000.

The above 44,900,000 won is clear that it is a clerical error in which the amount of damage suffered by the victim B, not G, who is an applicant for compensation in this Court, is erroneously stated.

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