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(영문) 전주지방법원 2020.01.22 2019노708
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant 1.1.

Reasons

1. The punishment (the first instance court: imprisonment with prison labor for 2 years and 6 months, and the second instance: imprisonment with prison labor for 1 year and 6 months) sentenced by the first and second instance court on the gist of the grounds for appeal is too unreasonable;

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The first and second original judgments against the defendant were individually sentenced, and the defendant appealed against the first and second original judgments.

This Court decided to hold a joint hearing of each of the above appeals cases. Each of the offenses of the first and second and second judgments is concurrent offenses under the former part of Article 37 of the Criminal Act, and one of the offenses is to be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

B. According to the evidence duly adopted and examined by the court below and the court below, the applicant for compensation filed an application against the defendant for compensation against the court below. The defendant can be found to have obtained 1.9 million won from BI, the applicant for compensation, the amount of 1.5 million won from CG, the applicant for compensation, the amount of 1.5 million won from CY, the applicant for compensation, the amount of 3,174,000 won from CY, and the amount of 1.5 million won from CF, the applicant for compensation, respectively. Thus, the defendant is obligated to pay the above amount of the above fraud to the applicant for compensation.

Provided, That it is difficult to see that damages for delay on the money acquired by deception applied by CY is a direct physical damage caused by criminal act, and it shall be dismissed pursuant to Article 32 (1) 2 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

3. Accordingly, the judgment of the court below on the ground of ex officio reversal as seen above, without examining the Defendant’s assertion of unfair sentencing, is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and the applicant for compensation is again decided after pleading as follows, and the application for compensation order by the applicant for compensation is with merit, etc.

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