logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.09.05 2018노2069
사기등
Text

The defendant's appeal is dismissed.

The defendant shall pay 4,810,000 won to the applicant G. The above compensation order shall be made.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (four years of imprisonment) is too unreasonable.

2. Considering that there is no change of circumstances to consider the sentencing after the judgment of the lower court regarding the Defendant’s assertion, and the various sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment is too unreasonable even considering the circumstances alleged by the Defendant on the grounds of appeal.

Therefore, the defendant's assertion is without merit.

3. Determination as to an application for compensation order

(a) The applicant E is seeking payment of the amount equivalent to KRW 17270,000 for the amount of the damage acquired by deception and the amount equivalent to the interest thereon;

According to the records, although the defendant is found to have obtained a total of KRW 17.27 million from the applicant E, the defendant paid the amount of KRW 4-50 million to the applicant E after the crime of this case.

The applicant E is asserting that he has received 4.8 million won from the defendant at the investigative agency and returned 2.0 million won again after he received repayment from the defendant.

As the statement is acknowledged, it is unclear whether the amount actually paid by the defendant is equal to the principal of, interest on, or delay damages of the fraudulent money, and whether the change has been appropriated for the principal, interest, or delay damages. Therefore, the part seeking compensation by the applicant E is limited to cases where the scope of the liability for compensation is not clear.

(b) The applicant G shall seek payment of the amount of damage acquired by deception 4,4810,00 won and the amount equivalent to the interest thereon.

According to the records, it is recognized that the defendant acquired a total of 4,4810,00 won from G of the applicant for compensation, and on the other hand, it cannot be viewed as a direct damage caused by a crime, and the claim amount was not specified. Therefore, the defendant is obliged to pay 4,4810,00 won by deception to G of the applicant for compensation, and the part exceeding the above amount is subject to the liability for compensation.

arrow