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(영문) 제주지방법원 2020.11.12 2020노530

사기

Text

The judgment below

The defendant's appeal as to the part of the defendant's case is dismissed.

The judgment below

Of them, the applicant for compensation is H.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the defendant (two years and six months of imprisonment) is too unreasonable.

2. In light of all the sentencing conditions stated in the records and arguments of this case including the facts and methods of the crime, the number of victims, the scale of damage, the relationship between the defendant and the victims, etc., and the defendant did not receive a letter from the victims, and most of the victims have not been recovered (the defendant paid part of the damage to the victims at the court below, but no additional amount has been repaid thereafter) the facts that the defendant's mistake was recognized, the defendant's cooperation in the investigation can be mitigated at his own discretion ( even if the defendant voluntarily surrendered to the investigative agency, the court's voluntary mitigation of punishment could not be deemed unlawful on the ground that the court below failed to reduce the number of self-denunciation (see Supreme Court Decision 2011Do12041, Dec. 22, 2011). Such circumstances are considered only as sentencing factors favorable to the defendant, and considering the defendant's family relation, and even if the defendant's previous conviction did not have any specific reasons, the court below's punishment is inappropriate on the ground that it is too unfair.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. When the defendant, ex officio, files an appeal against conviction regarding the part of the compensation order against H among the judgment below, the compensation order is transferred to the appellate court pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Litigation, etc. even if the defendant does not object to the compensation order, and thus, the part of the compensation order against H among the judgment below, which is the applicant for compensation, is

H, an applicant for compensation, is a copy of the application for compensation order from January 21, 2020 with respect to the money obtained through deception 69,700,000 and this.