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(영문) 청주지방법원 2020.01.31 2019노1636
사기등
Text

The defendant's appeal is dismissed.

The court below's order for compensation against O and Q was revoked, and the court below's decision was made.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing is against all the criminal acts, and the Defendant agreed with the victim’sO, Q, AM, and AO in the trial.

However, in that the defendant repeatedly commits fraud against many unspecified persons, the crime is deemed to be bad, and such crime is highly likely to cause social harm, such as the chilling of Internet electronic commerce used by many people and increasing the transaction cost for safety transactions.

The previous department has four times, and the investigative agency continued to commit the crime even after being investigated, and the number of crimes and the amount of damage are heavy.

There was no agreement with many victims.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the various conditions of sentencing indicated in the pleading and the record, it cannot be deemed that the lower court’s punishment is too heavy beyond the reasonable limit of discretion.

B. According to the records of the judgment on the order for compensation for O and Q among the judgment below, the applicant for compensation, as the O and Q, received full amount of damages from the Defendant in the trial, and agreed to do so. Thus, the existence or scope of the Defendant’s liability for compensation is not clear, and thus, the compensation order cannot be issued.

3. The Defendant’s appeal is without merit. Accordingly, pursuant to Article 364(4) of the Criminal Procedure Act, it is dismissed in accordance with Article 33(4), Article 25(3)3, and Article 32(1)3, and Article 32(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., the part of the judgment of the court below regarding compensation order for O and Q, which is the applicant for compensation, shall be revoked, and the application for compensation order for O and Q shall be dismissed in entirety.

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