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(영문) 의정부지방법원 2020.12.04 2020노2266
사기
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

Considering the circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and the circumstances after the commission of the crime, the sentencing conditions specified in the records and arguments as to the Defendant’s assertion of unfair sentencing, as well as the Defendant’s age, character and conduct, circumstances, etc., as well as the Defendant’s age, character and environment, circumstances after the commission of the crime. In light of the above, it is difficult to view that the lower court’s punishment is too unreasonable because

Therefore, the defendant's assertion of unfair sentencing is not accepted.

The applicant for compensation in relation to the application for compensation has obtained a total of KRW 153 million from the employees in the name of the applicant for compensation, and the defendant has a joint-principal relationship with the above employees in the name of the applicant for compensation, so the defendant is a joint-principal relationship under Article 760 of the Civil Code, which is the joint-principal relationship with the above employees in the name of the applicant for compensation, and is obliged to pay in full the above amount of KRW 153 million.

The compensation order pursuant to Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is a system that intends to seek the recovery of victims' damage in a simple and prompt manner by ordering the defendant to compensate for the direct physical damage caused by the "criminal act in the defendant's case", medical expenses, and consolation money (see Supreme Court Decision 2018Do17726, Jan. 17, 2019). The criminal facts in the judgment include only the content that the defendant acquired KRW 270,00 from the applicant for compensation, and it does not include the content that the defendant acquired KRW 153,00,000 from the applicant for compensation in collusion with the employees of the applicant for compensation. The applicant for compensation does not seek payment of KRW 153,000,000,000 from the applicant for compensation, including KRW 270,000 obtained from the defendant, and thus, the application for compensation by the applicant for compensation is not included in the criminal facts.

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