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(영문) 청주지방법원 2016.07.15 2016노421
사기
Text

The defendant's appeal is dismissed.

The defendant pays 250,000 won to the applicant AU.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that the Defendant committed each of the instant crimes during the period of repeated crime, in which the Defendant was punished by imprisonment with prison labor due to a fraudulent act under the same Act, although the total amount of damage was a relatively small among the crimes committed by the Defendant due to his/her misunderstanding and economic difficulty, the Defendant committed each of the instant crimes during the period of repeated crime for which long years have not yet passed, the victim of the instant case was an unspecified majority and did not recover from damage, and the Defendant’s age, sex behavior, environment, means and consequence of the crime, and circumstances after the crime, etc. were considered within the scope of the recommended sentencing guidelines.

Even when considering the circumstances in which part of the victims do not want the punishment of the defendant in agreement with some of the victims in the case, it is inevitable to punish the victims maliciously as if they were sold goods on the Internet, and to punish the victims in a fraudulent act using money in the name of the purchase price. Thus, the sentencing of the court below, which determined the punishment of the defendant as the maximum period of punishment on the sentencing guidelines, cannot be deemed unfair by deviating from the scope of discretion.

Therefore, the defendant's argument of sentencing cannot be accepted.

3. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the application for compensation order, the defendant is found to have inflicted damage of KRW 250,000 on the part of the defendant as a criminal act such as the criminal facts in the judgment of the court below and the court below. Thus, the defendant is obligated to pay KRW 250,000 by fraud to AU of the applicant for compensation.

However, if we look at the part of the delayed damages in the application for compensation order filed by the applicant for compensation at the trial, the compensation order is simple and prompt when it satisfies certain requirements under Article 25 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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