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(영문) 전주지방법원 2020.09.22 2020노453
사기등
Text

The part of the judgment of the court below against the defendant is reversed.

A defendant shall be punished by imprisonment for a short term of one year and six months, and two years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a short term of two years and a long term of three years) by the lower court is too unreasonable.

2. Determination

A. The judgment on the grounds of appeal by the defendant is inevitable in light of the following: although the defendant had already been sent to the Juvenile Department for the same kind of crime, he actively participated in the crime of this case; the defrauded amount was 2430 million won; in light of the characteristics of the Bosing crime and the current investigation conditions, even if he did not have any profit acquired by himself in order to eradicate it, he seems to need to punish the participant; and the scope of recommending punishment in the sentencing guidelines is between two and five years (4 and seven years in the middle) with the systematic fraud crime.

However, in light of various circumstances such as the defendant's age, character and character, status, environment, circumstance and result of the crime of this case, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable, in light of the following circumstances: (a) the defendant was a juvenile of 18 years of age, and agreed with the victims of the violation of the Electronic Financial Transactions Act out of the amount of damage amount; (b) the victim was under agreement with the victim of the fraud C, D, G, Z (the amount of damage to KRW 150 million) and the victim's family members did not want to be punished by the defendant; and (c) the defendant's family members are leading the defendant.

B. (1) The court below's decision on the compensation order against the applicant for compensation (1) where the defendant filed an appeal against the conviction, even if there is no objection to the compensation order, the compensation order was transferred to the appellate court pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and thus, the court below's decision on the compensation order against the defendant

According to the records of this case, D, an applicant for compensation, is irrelevant to a compensation order in the "written agreement and a written application for no punishment" of the court below.

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