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(영문) 수원지방법원 2020.08.20 2019노5853
사기
Text

The defendant's appeal is dismissed.

The application for compensation by each trial of the applicant for compensation shall be dismissed.

Reasons

1. Determination on the grounds for appeal

A. The sentence of the first instance judgment (one year and six months of imprisonment) against the accused in the summary of the reasons for appeal is too unreasonable.

B. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the following circumstances are favorable to the Defendant: (a) the Defendant recognized the crime and expressed his/her intent of reflection; (b) the victim I and I agreed with the victim; (c) most of the damaged amount of the victim C appears to have been returned as earnings, etc.; and (d) the equity with the case where the judgment was rendered simultaneously with the case where the judgment was rendered in a final judgment under the latter part of Article 37 of the Criminal Act.

However, each fraud committed by the defendant's holding is not very good in light of the means of deception or the amount of damage.

In particular, each fraud in the judgment is substantially identical to the facts of the crime of fraud in the judgment that became final and conclusive, and the damage amount of each fraud in the judgment exceeds 600 million won, which is close to three times the damage amount of the crime of fraud in the judgment that became final and conclusive.

In light of the fact that the victim C wanted to punish the defendant's severe punishment, it is unreasonable to view that the above victim's damage was most recovered, considering the fact that there was a significant loss in the process of making money to be paid to the defendant and that there is room to see that the above victim's damage was suffered.

Furthermore, the circumstances alleged by the defendant are deemed to have been sufficiently considered as the grounds for sentencing in the court of first instance, and there is no significant change in the sentencing conditions compared with the court of first instance.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and results of the crime.

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