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(영문) 부산지방법원 2015.07.24 2015노1573
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment on the grounds of appeal is that the Defendant committed repeatedly a crime of fraud against multiple victims from August 2014 to November 201 of the same year, and the crime is very poor in light of the period, frequency, method, etc. of the crime.

In addition, the total amount of defraudation is about KRW 6 million and the damage has not been recovered.

However, in full view of all the factors of sentencing indicated in the record, such as the Defendant’s age, character and conduct, environment, motive and circumstance of committing the instant crime, the means and consequence of the instant crime, the sentence of the lower court is somewhat heavy, and thus, the Defendant’s above assertion is reasonable.

3. An applicant for judgment on the application for a compensation order fails to file an objection against the judgment dismissing the application for compensation, and cannot file the same application for compensation again (Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits). The applicant for compensation of this case filed an application for compensation order again in the trial of the trial after the application for a compensation order was rejected by the court below. The application for compensation of this case was reduced compared to the application for the compensation order rejected by the court below, but it is unlawful since the cause, etc. is the same as

4. In conclusion, the defendant's appeal is with merit. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows, and the application for compensation order by the applicant for compensation is dismissed pursuant to Article 32 (1) 1 and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Criminal facts

b) the summary of the evidence and evidence.

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