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(영문) 전주지방법원 2020.04.28 2019노1605
사기
Text

The defendant's appeal is dismissed.

The defendant shall pay 350,000 won to an applicant for compensation in the trial.

3.2

Reasons

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

2. The fact that the defendant agreed on the grounds of appeal that the victim AB, AC, AR, AW, CO, CW, and CU did not want to be punished by the defendant, and that the defendant paid damages to the victim B, Q, N, AV, AV, AS, BL,W, G, and DF, and that the defendant paid damages to the victim B, Q, AV, AV, AS, BL, BS, G, and DF, and that the rest of the victims except the above victim AS did not want to be punished by the defendant at the trial is favorable to the defendant.

However, even if the sum of damage totaling to 112 victims exceeds KRW 35,612,00, when considering the amount of repayment after the instant crime, a considerable amount of damage has not been recovered even if the Defendant committed a crime under the same Act, and the Defendant was sentenced to imprisonment by committing a crime under the same Act, and was only a month after the parole was granted, which led to the instant crime. Part of the crime was committed before the parole period expires, and the remainder of the crime was committed after the parole period expires, which constitutes a repeated crime, and the Defendant committed the instant crime to raise funds by gambling, and all of the sentencing conditions indicated in the records and arguments, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s sentencing is too excessive beyond the reasonable scope of discretion.

3. According to the records of this case as to the application for compensation at the trial of the party, it is recognized that the defendant acquired the amount equivalent to 350,000 won from the applicant for compensation at the trial of the party.

An application filed by the applicant for compensation in the trial room is well-grounded.

4. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit, and the application by the applicant for compensation at the trial is filed.

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