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(영문) 부산지방법원 2021.03.26 2020노3913
사기
Text

The judgment below

The remainder, excluding the compensation order part against the applicant B, shall be reversed.

Defendant .

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The instant crime was committed by the Defendant through electronic commerce fraud using the Internet, such as so-called “J and CI,” and the sales proceeds of approximately KRW 9,455,00,00 are not good in light of the content of the crime, such as the period and frequency of the crime.

In addition, the defendant committed the crime of this case repeatedly despite the same criminal history as the defendant committed the crime of this case, and there are many victims who did not recover from the damage up to now.

However, under favorable circumstances, the sentencing of the lower court against the Defendant is somewhat unreasonable, taking into account the following factors: (a) the Defendant recognized all or part of the offense; (b) the investigation process and the lower court’s 12 victims have recovered from all or part of the damages (a total of KRW 1.560,00), and the fact that six victims have recovered from all the damages (a total of KRW 1020,000), and that the Defendant’s family members are also leading and protecting the Defendant; and (c) the sentencing factors indicated in the argument process of the instant case, such as the Defendant’s age, sex and environment, motive for the offense, and circumstances after the crime.

Therefore, the defendant's argument of sentencing is justified.

3. When the defendant who made a decision on the part of the compensation order among the judgment below files an appeal against a conviction, the compensation order shall be transferred to the appellate court along with the defendant case pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Litigation, even if he does not object to

The lower court accepted each application for compensation order filed by the applicant H, D, F, B, E, C, and G.

The order for compensation against the applicant B of the original judgment does not state the grounds for appeal regarding the part of the above order for compensation submitted by the defendant and his defense counsel, and even if it is examined ex officio, the above order for compensation shall be revoked and revoked.

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