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(영문) 인천지방법원 2021.02.05 2020노4214
사기
Text

The judgment below

The remainder, excluding the part of compensation order and rejection of compensation application, shall be reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the reasons for appeal, the Defendant abused personal trust relationship and acquired money exceeding KRW 140,00,00 from the victims, which is not good to commit such crime, and the victim K did not recover damage to the extent that damage was inflicted by the victim K, and the victim K wanted to punish the Defendant. The Defendant did not know that he committed the instant crime without being aware of the suspension of the execution and protection of imprisonment due to the violation of the Act of the Reserve Forces, even though he was under the supervision of the suspension of the execution and protection, and the Defendant had a record of being punished for the crime of fraud, etc., which are disadvantageous to the Defendant.

However, it appears that the defendant had the attitude of recognizing and opposing the crime of this case, and that the defendant recovered the damage of the victim C and I at the court below, and that the victim B, L and the agreement was reached smoothly at the court below, considering the favorable circumstances for the defendant. In addition, considering the defendant's age, sex, environment, and circumstances after the crime, the court below's punishment is somewhat unreasonable.

B. If the defendant, ex officio, files an appeal against a conviction, the order for compensation, even if not dissatisfied with the order for compensation, is transferred to the appellate court along with the defendant case pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and thus, the part of the order for compensation among the judgment below shall be

According to the records of this case, the court below ordered the applicant B to pay KRW 50,115,00 to the applicant B of the court below's compensation citing the applicant B's compensation application, but it can be recognized that the defendant paid part of the damage amount to the applicant B of the court below's compensation in the first instance. Thus, the defendant's compensation liability as to the applicant B of the court below's compensation .

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