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(영문) 수원지방법원 2020.10.14 2019노4532
사기
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

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. As to the assertion on unfair sentencing, the Defendant committed an act of fraud against many unspecified victims in online transactions, and the amount of damage therefrom is not a total of KRW 49 million.

However, it is against the defendant's recognition of a crime by an investigative agency, and efforts are made to recover from damage by paying an amount equivalent to about 42 million won to the victims in the original trial and the trial.

The defendant is an elementary offender who has no record of criminal punishment.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as a whole, various sentencing conditions shown in the instant records and pleadings, the lower court’s punishment is deemed unreasonable, and the Defendant’s assertion is reasonable.

3. In a case where an appeal against conviction was filed by the Defendant regarding the remedy order against T, X, Z, R, L, F, L, Y, U, P, B, M, E,V, and K, the remedy order is transferred to the appellate court along with the Defendant’s case pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if there is no objection to the remedy order, and thus, the above remedy order part of the judgment of the court below regarding the remedy order against the applicant for the above order is examined ex officio

However, since the defendant fully or partially repaid the amount of damage to the above applicant for compensation at the trial court, the above applicant for compensation has no reason or it is not reasonable to issue an order for compensation.

Therefore, among the judgment below, the compensation order part against the above applicant cannot be maintained as it is.

4. As the defendant's appeal is reasonable, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment of the court below regarding the defendant's case is reversed, and the application for compensation filed by T, X, Z, R, W,W, F, L, Y, U, P, B, M, E,V, and K, which are the applicant for compensation, is without merit or an order for compensation.

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