(영문) 인천지방법원 2017.09.15 2017노2824 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.09.15 2017노2824

사기

Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) against the Defendant is too unreasonable.

2. The facts that the defendant first committed the crime and the confession of the crime are favorable to the defendant.

However, in full view of the relationship between the defendant and the victims, the method of deceitation and the amount of fraud, the user of the fraud, the victims' property and mental suffering seems to be very serious, while the damage has not been recovered, and other various circumstances, which are conditions of sentencing as shown in the records, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., are too excessive and unfair.

3. That the applicant for compensation for damage sustained property damage of KRW 134,695,00 due to the Defendant’s fraud;

claim and claim the payment of the above amount to the defendant.

On September 5, 2017, when the applicant applied for compensation on September 5, 2017, which is the date of the conclusion of the pleadings in the instant case, and the pleading has been concluded without examining the application for compensation on the date of the public trial. In order to review the compensation order, it is judged that it is not reasonable to issue the compensation order for the above application for compensation in consideration of the following: (a) there is a concern that the trial proceedings might be considerably delayed, such as resumption of pleadings, etc.; (b) 29,95,000 won out of the amount obtained by deceiving the applicant for compensation by deceiving the applicant for the joint and several liability; and (c) the amount borrowed from the lending enterprise is not clear whether the Defendant is liable for compensation against the victim

4. If so, the defendant's appeal is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation is dismissed pursuant to Article 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

유사 판례

-서울서부지방법원 2018.05.10 2018노11

-울산지방법원 2021.01.14 2020노249

-서울동부지방법원 2017.06.15 2017노17

-춘천지방법원 강릉지원 2021.01.21 2020노385

-인천지방법원 2016.08.24 2016노1802