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(영문) 서울동부지방법원 2020.11.20 2020노280
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

The court below's order for compensation shall be revoked and revoked.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. According to the court below's ex officio determination records as to each order for compensation, the defendant additionally paid the sum of KRW 600,000 to B who is the applicant for compensation in the court below, and the sum of KRW 750,000 to C who is the applicant for compensation in the court below. Accordingly, each of the above applications for compensation falls under a case where the scope of the defendant's liability for compensation is unclear and thus, it is unreasonable to issue an order for compensation.

Therefore, among the judgment below, the compensation order part against each of the above applicants for compensation cannot be maintained.

3. Although there are circumstances such as the fact that the sum of damages caused by each of the crimes of this case on the grounds of unfair sentencing determination by the defendant is considerably high, and that the defendant did not agree with the victims, the defendant has recognized his mistake, the defendant has paid money to the victims under the name of profit, etc. up to the original trial, and has recovered part of the damages. The defendant paid the victim B a total of KRW 600,000 to the victims C, a total of KRW 750,000 to the victim C, and a total of KRW 2,50,000 to the victim H respectively, and there is no criminal punishment except for the defendant who has been sentenced once to a fine due to the crime of this case, and taking into account all other circumstances such as the defendant's age, character and behavior, environment, occupation, circumstance and contents leading to the crime of this case, and circumstances after the crime, the sentence of the original

Therefore, the defendant's argument is justified.

4. In conclusion, the part of the judgment below regarding the defendant's case is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is not reasonable to issue an order for compensation among the judgment below.

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