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(영문) 춘천지방법원 2020.04.24 2019노1091

사기등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

evidence of seizure.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant’s crime of this case was committed against many and unspecified persons in a planned and systematic manner, and thus, the nature of the crime is bad.

However, in full view of the fact that the defendant is divided in depth and contributed to the arrest of the accomplice by actively cooperating in the investigation, that the victim seems to have been paid part of the damage from the accomplice, that the defendant is only the criminal record who was sentenced to a fine once due to the crime of fraud through the acquisition of prepaid money in the past, and that the defendant's age, character and behavior, environment, family relationship, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., it is judged that the punishment imposed by the court below against the

3. Thus, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the compensation order portion among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are all the same as the entries of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense and Articles 347 (1), 30, 229, and 225 of the Criminal Act that choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. An applicant for compensation under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Dismissal of Application for Compensation Order, etc. shall be deemed to have received part of the amount of damage from an accomplice after the judgment of the court below.