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(영문) 서울중앙지방법원 2020.06.12 2020노945
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for three years.

Seized No. 1.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for three years and six years, additional collection of 4750,000 won and compensation order of 40 million won) that the court below sentenced is too unreasonable.

2. In full view of all the unfavorable circumstances determined by the lower court, including the fact that the nature of the instant crime was poor, the degree of damage was serious, and the injury was not recovered, the lower court’s punishment is somewhat unreasonable, considering the following as a whole: (a) the Defendant was the first offender; (b) the Defendant is in profoundly against his/her own mistake; and (c) the motive and background of the instant crime; and (d) the Defendant’s age, character and conduct, environment, and circumstances after the instant crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the part of the judgment below excluding the compensation order under Article 364 (6) of the Criminal Procedure Act is reversed as the defendant's appeal is well-grounded, and it is again decided as follows after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Article 347 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 3 (1) 1 of the Act on Regulation of Punishment of Criminal Proceeds Concealment, Article 30 of the Criminal Act, Article 30 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Articles 10 (1) and 8 (1) of the Act on the Regulation and Punishment of Punishment of Criminal Proceeds Concealment (the remainder after subtracting 1.85 million won from the proceeds of crime committed by the defendant who is the defendant shall be additionally collected);

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