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(영문) 춘천지방법원 2020.10.16 2020노586

사기등

Text

The judgment below

The part of the defendant's case shall be reversed.

The crimes of paragraphs (1) through (4) and (8) through (10) of the judgment of the defendant are committed.

Reasons

1. The lower court partly accepted the application for compensation by the applicant for compensation.

Where an appeal is filed against a conviction, the confirmation of a judgment on a compensation order shall be prevented, and the part thereof shall be transferred to the appellate court together with the accused case, even if there is no objection to the compensation order.

However, while filing an appeal against the lower judgment, the Defendant did not assert any grounds for appeal regarding the cited portion of the compensation order, and there is no reason to revoke or revise it ex officio. Therefore, the cited portion of the compensation order of the lower court should be maintained as it is.

2. Summary of grounds for appeal;

A. The Defendant’s punishment (two years and six months of imprisonment for each of the crimes of paragraphs 1 through 4, 8 through 10 at the market) is too unreasonable. The Defendant’s punishment (six months of imprisonment for each crime of paragraphs 5, 6, and 7 at the market) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. The judgment of the Defendant shows the form of reflection, recognizing all of the instant crimes.

The crimes of paragraphs 5, 6, and 7 of the judgment of the court below shall be considered in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act with the previous conviction of the judgment of the court below which became final and conclusive.

This is the circumstances favorable to the defendant.

The Defendant participated in a systematic and professional financial fraud crime that has been closely planned in advance.

Considering the social damage caused by these crimes, it is necessary to punish defendants strictly.

In addition, the defendant committed a crime of fraud and fraud by using computers, etc. against many victims.

In particular, the Defendant acquired the amount from several million won, respectively, among the academics and her mother who were under the teaching system, and these crimes are committed using the fiduciary relationship of the victims, and are in a bad quality.

The Defendant, even though he had been under suspension of execution due to the crime of fraud in relation to the crime of the same kind, has again committed.

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