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(영문) 대전지방법원 2015.05.14 2014노3927

사기

Text

The judgment below

Of the accused cases, the part of the compensation order (excluding the dismissed part) shall be reversed and all of the compensation order part (excluding the dismissal part).

Reasons

1. Part of the defendant's case

A. The summary of the grounds for appeal (e.g., imprisonment with prison labor and April) of the original judgment is too unreasonable.

B. The crime of this case is a situation in which the Defendant, using the Internet website blogs, deceivings an unspecified number of victims as if he were to sell the mobile phone overseas, and defrauds the total amount of KRW 57 million over 130 times, and is very heavy in light of the Criminal Procedure Act, the number of victims and the amount of defraudation, etc., and there is a record of punishment for the same crime committed by the Defendant.

However, there are extenuating circumstances, such as the fact that the defendant is deeply divided and against his mistake in depth, the fact that a considerable number of victims have been suffered during the trial, the fact that the defendant's family members and supporters have reached an agreement, and that they are leading the defendant, etc. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Supreme Court Sentencing Committee, is the type of fraud crime in June and June, the general fraud type 1 (less than KRW 100 million) (where punishment is not imposed or considerable damage has been recovered, only for unspecified or large number of victims), the decision of the recommended sentence area (basic area), the scope of the recommended sentence (from June to June 6), and other various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., the sentence of the court below is unreasonable.

2. When the defendant files an appeal against the accused case regarding the compensation order, the case applying for compensation order pursuant to Article 33(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall also be transferred to the appellate court.

The compensation order pursuant to Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall be limited to cases where the amount of damage is specified for direct property damage suffered by the victim of the criminal act, and the scope of compensation liability of the