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(영문) 서울고등법원 2019.05.30 2018노3510
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

The defendant shall pay 35,00,000 won to AE which is an application for compensation.

3.2

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with prison labor for up to eight years) is too unreasonable.

2. New circumstances or changes in special circumstances that can be reflected in sentencing after the decision of the lower court on the grounds of appeal is rendered cannot be seen.

Furthermore, even if comprehensively considering the sentencing factors as indicated in the reasons for sentencing in the judgment below and the Defendant’s age, character and conduct, environment, motive and means of crime, as well as various conditions of sentencing as indicated in the instant argument and records, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is excessively heavy beyond the scope of discretion.

3. Judgment as to the application for compensation at the trial of the court

A. According to the facts of the facts of the crime in the judgment below, which is an application for compensation, the defendant has inflicted damage of KRW 35,000,000 on AE, which is an application for compensation, due to this fraud.

B. The scope of compensation liability is not clear, or it is not reasonable to issue a compensation order in the criminal procedure.

4. The defendant's appeal is without merit and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. Since the application for compensation of AE, which is an application for compensation, is well-grounded, it is ordered to order the defendant to obtain money by deceit under Articles 25 (1) 1 and 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and to make a provisional execution order in accordance with Article 31 (3) of the same Act. The application for compensation of AF, which is an application for compensation, shall be dismissed in accordance with Article 32 (1) and (2

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