(영문) 수원지방법원 2020.04.23 2020노497 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.04.23 2020노497

사기

Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake in depth, and that part of the damage has been recovered.

However, the crime of this case is committed by deceiving a large amount of money up to KRW 720 million against many victims by pretending to make an investment in stocks in the process of being sentenced to imprisonment with prison labor due to fraud. The crime of this case is committed by the defendant, and the criminal records of this case are very poor and the criminal liability is grave. The criminal records of this case are 9 times. In particular, even around 2015-2016, the defendant committed the crime of this case even though he was sentenced to imprisonment two times even though he was sentenced to imprisonment with prison labor, he did not sufficiently recover damage, and the defendant did not have been used from the victims, taking into account the following factors: equity in sentencing with the same or similar incidents; the defendant's age, career, character and behavior, environment, motive, circumstance, means and consequence of the crime; etc., the defendant's punishment against the defendant cannot be deemed to be unfair.

Therefore, the defendant's above assertion is without merit.

3. Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Application for Compensation provides that “If the existence or scope of the Defendant’s liability for compensation is unclear, the court shall not order any compensation.”

He returned to the instant case and according to the records, the Defendant acquired 279,600,000 won from the applicant for compensation from the party in the instant case, and the Defendant asserted that the remainder after paying part of the above money to the applicant for compensation of the party in the instant case is KRW 76,00,000, and the applicant for compensation of the party in the instant case is the applicant for compensation.

참조조문

-소송촉진 등에 관한 특례법 제25조 제3항 제3호

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