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(영문) 서울북부지방법원 2020.12.18 2020노1473

사기

Text

The judgment of the court below (excluding the part of rejection of an application for a compensation order and compensation order againstC) shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The remainder of the crime except for the crime against the victim B is an unspecified and multiple crime; the crime is likely to be harmful to the safety and trust of transaction through the Internet; in light of the characteristics of the crime, reporting process, etc., the victims seem to have suffered much material and mental damage than the amount acquired by the defendant; the defendant deceptiond the victim B through various ways; the defendant had committed the crime before and after the crime; the defendant did not have any damage to the victim B; and the defendant still did not recover most of the damage; the defendant has been punished for the same kind of crime or has a record of being subject to juvenile protective disposition.

However, in full view of the fact that the defendant has recognized his responsibility for each of the crimes in this case, and that there is an agreement with the victim D, S, and I in the trial, the defendant's age, environment, background of the crime, method of the crime, frequency of the crime and the sum of the amount of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too heavy.

3. In conclusion, the defendant's appeal is reasonable, and pursuant to Article 364 (6) of the Criminal Procedure Act, pursuant to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits that excludes the rejection of an order for compensation and the rejection of an order for compensation to C, an applicant for compensation, the court below's rejection of an application for compensation is final and conclusive, and the part of an order for compensation to C, the applicant for compensation, was transferred to the court below pursuant to Article 33 (1) of the Act on Special Cases concerning the Settlement of