logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.07.21 2020노952
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

The accused is 70,000 won by fraud to the I who is an applicant for compensation in this court.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (alongly unfair)’s imprisonment (a year and June of one year and a fine of KRW 2,000,000) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. It is favorable that the Defendant’s judgment on the assertion of unfair sentencing recognizes the instant crime, and partly the victim (F,V, W,Y, andS) paid damages, etc.

On the other hand, the crime of this case is disadvantageous to the fact that the defendant committed Internet goods fraud against many and unspecified persons in order to raise money for gambling, and the fact that the defendant committed the crime of this case three times and two times, respectively, the criminal records of fraud and gambling, and the other victims except the above victims, did not recover from damage or reach an agreement.

There are no special circumstances or changes in circumstances that can be newly considered by this court, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion are not accepted.

3. The Court, an applicant for compensation, filed an application for compensation with the intent to seek payment of KRW 70,000,000, which is a judgment on the application for compensation.

Defendant acknowledges all criminal facts, and does not dispute the amount of application for compensation.

Therefore, the defendant is obliged to pay 70,000 won to the above applicant for compensation.

4. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since this court's application for compensation is with merit, it is so decided as per Disposition by admitting it in accordance with Articles 25(1)1 and 31(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

arrow