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(영문) 서울남부지방법원 2020.07.21 2020노419
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

An application for compensation by an applicant for compensation filed by the original court is dismissed.

Reasons

1. As to the gist of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court, the Defendant asserts that the Defendant is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. In the judgment of the Defendant, the Defendant recognized the entire crime of this case and against it. It is recognized that the said victim did not want the punishment of the Defendant by mutual consent with the victim F, and that the damage of the victim A was compensated through surety insurance.

However, the amount of damage caused by fraud and attempted fraud reaches KRW 38,00,000,000, and most of the damage inflicted by victim F and AA was compensated through guarantee insurance rather than by Defendant’s contribution. In addition, considering all sentencing factors indicated in the instant pleadings, such as Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, the lower court’s sentencing is too heavy or it is difficult to have exceeded the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument are without merit.

3. When the defendant, ex officio, files 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, even if the defendant does not object to the compensation order, shall be transferred to the appellate court along with the accused case.

The judgment below

In light of the records, as to the part of the compensation order, the applicant submitted a written agreement and a written application for non-prosecution of punishment stating that he/she agreed with the defendant and would no longer raise any objection against the defendant" in the court of first instance. As such, the existence or scope of the defendant's liability for compensation against the applicant for compensation is unclear, the part of the compensation order in the judgment of the court below cannot be maintained any more.

4. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and thus, Article 364(4) of the Criminal Procedure Act is applicable.

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