(영문) 수원지방법원 2021.01.28 2020노5343 | 리걸엔진

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(영문) 수원지방법원 2021.01.28 2020노5343

사기등

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The defendant's appeal is dismissed.

The defendant pays 50,000,000 won to the applicant through fraud.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. 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 does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the following: (a) the Defendant was aware of all of the instant crimes, and the Defendant did not repeat the crime and is able to live in good faith, etc., in favor of the Defendant.

However, in full view of the fact that the crime of this case was committed by the defendant by deceiving the victims by using a sense between men and women, and the quality of the crime is not good, the amount of the money acquired by the crime of this case is considerable, the circumstances, means and methods of each of the crimes of this case, the nature of the crime and the frequency of the crimes, etc. of this case, and other circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence, etc., and other circumstances, such as the circumstances after the crime, etc., the sentencing of the court below does not seem to be unfair because it exceeded the reasonable scope of discretion.

Therefore, the defendant's argument of sentencing is without merit.

3. The applicant filed an application for compensation order with the purport that “The Defendant shall seek payment of KRW 50 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

However, according to the evidence duly adopted and examined by the court below, the defendant could be recognized that the defendant acquired 60,000 won from the applicant for compensation due to the fraudulent act, such as the criminal facts stated in the judgment below, and repaid 10,000 won among them, so the defendant shall be liable to the applicant for compensation.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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