(영문) 대전지방법원 2020.02.06 2019노3130 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.02.06 2019노3130

사기등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1, 3, 4, 5.

Reasons

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

2. Determination

A. The Defendant presented forged official documents under the name of the Chairman of the Financial Services Commission against many unspecified victims, acquired money from the victims by misrepresenting them, and remitted the money to the victims, who are the primary criminal name. The above role is an essential role in telephone financial fraud, such as the instant crime. Although the Defendant did not lead each of the instant crimes, it is difficult to view that his responsibility is less than 175 million won, and the total amount of fraud exceeds 175 million won and the damage has not been recovered properly, and the Defendant did not agree with the victims or did not receive a letter from the victims.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake in depth; (b) the primary offender who has no record of criminal punishment; (c) favorable circumstances, such as the benefit derived from each of the instant crimes; and (d) the Defendant’s status of each of the instant crimes; (d) degree of participation; (e) motive and background of the crime; (e) means and method of the crime; and (e) circumstances before and after the crime; and (e) the Defendant’s age, character and conduct, career, and environment, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

B. In a case where the defendant in the judgment of the court below as to an application for compensation order filed an appeal against a conviction, the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings has been transferred to the appellate court along with the defendant's case, and thus, the court below's decision as to the compensation order part against the applicant for compensation

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

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