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(영문) 창원지방법원 2019.05.29 2019노665

사기

Text

The judgment below

The remainder, excluding the rejection of an order for compensation and an application for compensation, shall be reversed.

Reasons

1. According to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, where an application for compensation has been rejected, the decision of dismissal shall be immediately finalized, and the decision of dismissal shall not be transferred to the appellate court, while where an appeal is filed against a conviction, the portion of the compensation order shall be transferred to the appellate court along with

According to the records, the judgment of the court below dismissed the application for compensation filed by B, which is the application for compensation, and immediately became final and conclusive, and the rejection of the above application for compensation is excluded from the scope of the appellate court's judgment

On the other hand, although the defendant filed an appeal against a conviction of the court below, the defendant did not state the grounds for appeal regarding the part on the compensation order C among the judgment below in the petition of appeal and the statement of grounds of appeal submitted by the defendant, and even if ex officio is examined, the above part on the compensation order cannot be revoked or modified. Thus, the judgment of the court below

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

3. The judgment below rendered a sentence by taking account of various sentencing conditions set forth in the records and arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, damage amount, circumstances after the crime, etc., in light of the following circumstances: (a) the defendant acquired a total of 631,680,000 won from many victims who were in a usual relationship and received a big damage; (b) the victims have not been made efforts to recover damage; (c) some victims have sought a severe punishment against the defendant; and (d) there is doubt that the defendant used the money received from the victims for investment purposes; and (e) there is doubt that the victims have used the money received from the victims for the purpose of investment.

(b).