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(영문) 전주지방법원 2016.04.21 2016노312
사기
Text

The judgment of the court below is reversed.

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

The request of the applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. It is recognized that the Defendant had been punished three times after 2014 due to the same kind of crime with regard to the grounds for appeal. The instant crime is committed against many and unspecified victims, and the nature of the crime is bad, and the Defendant has committed a crime under the same law repeatedly and repeatedly in a short period, and the total amount of damage is KRW 25,184,00,000.

However, in light of the fact that the defendant recognized the crime of this case, the defendant paid the amount of damage to some victims at the court below, and the remaining victims paid or deposited a total of 14,629,000 won to recover damage, and other factors of sentencing specified in the records and the theory of changes, such as the defendant's age, sex, and environment, the sentence of the court below is too unreasonable.

3. The lower court rendered a compensation order with the content that the Defendant would obtain a monetary reward of KRW 700,000,000 from the applicant.

According to the records, the defendant was found to have paid 700,000 won to the applicant after the court below was sentenced. According to this, the existence or scope of liability for damages is not clear.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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