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(영문) 수원지방법원 2016.08.05 2016노3882
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of all the facts charged, and dismissed the application for compensation order filed by the applicant C, so the above case applied for compensation order became final and conclusive immediately.

On the other hand, when an appeal against a conviction is filed, the confirmation of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be transferred to the appellate court along with the defendant's case. Therefore, even if the defendant appealed only to the part of the defendant's case among the judgment of the court below, even if he did not object to the compensation order, the cited part of the compensation order against D was not finalized and it was transferred to the appellate court.

Therefore, among the judgment below against the defendant, only the remainder except the part dismissed by C's request for compensation order falls under the scope of the judgment of this court.

2. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

3. The judgment that the defendant recognized each of the crimes of this case and against it, and that the defendant agreed with the victim AL and Z as stated in the crime No. 2 of the crime No. 2 of the crime No. 77 of the 2016 after the judgment of the court below, and the victim No. 6 of the crime No. 2 of the 2016 after the crime No. 77 of the 2016 after the judgment of the court below. The above victims do not want the defendant's punishment, and the defendant appears to have discharged part of the damage amount to the victim AJ No. 2 of the 2 of the 2009 after the crime No. 2 of the 209 after the crime committed.

However, after accessing the used goods trading site, the Defendant pretended to have sold goods, and acquired a total of 54 victims a total of 2,00 won from the 54 victims as the price of goods. The Defendant committed repeatedly against many unspecified victims over a long period of time, and the number of victims and victims.

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