(영문) 서울동부지방법원 2014.08.28 2014노533

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(영문) 서울동부지방법원 2014.08.28 2014노533

사기등

Text

The judgment of the court below (excluding the part of rejection of an application for compensation order filed by C) shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

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

2. Determination of the crime of this case amounts to 218,082,450 won or more, and it causes economic damage to the victims by repeatedly and artificially committing a crime for a considerable period of time to many victims, and the punishment of some victims who have not reached an agreement is still strong, and there are records of identical crimes committed against the defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of all of the instant offenses; (b) the Defendant made considerable efforts to recover from damage, such as making an additional agreement with the victim AD, Y, G, R, R, and D to reach a total of KRW 182,320,850, the amount of damage up to the present agreement; (c) the Defendant appears to have been under detention for at least nine months as the instant case; and (d) the Defendant appears to have had the time to live in prison; and (e) other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense; and (e) the sentencing guidelines of the Sentencing Commission, the lower court’s sentencing against

3. The lower court rendered a compensation order to the Defendant, who is an applicant for compensation of D’s compensation order, to pay KRW 30,897,300 to D, which is the applicant for compensation of the lower court. However, as seen earlier, the lower court reached an agreement between the Defendant and D in the first instance trial, which led to the conclusion that the scope of the Defendant’s liability for compensation against D is unclear, and thus, it became unreasonable to issue a compensation order in the criminal procedure.

4. Accordingly, the defendant's appeal is reasonable, and the judgment of the court below (excluding the part of rejection of the application for compensation order by C, the applicant for compensation) is reversed pursuant to Article 364 (6) of the Criminal Procedure

참조조문

-형사소송법 제364조 제6항

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