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(영문) 서울남부지방법원 2019.06.13 2019노375 (1)
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The court below rejected the application for compensation of the applicant, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope of the trial

2. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., five years of imprisonment) is too unreasonable.

3. Each of the instant frauds in question is very poor in light of the content and method of the deception, the scale of damage, etc.

The total amount of damage exceeds 2 billion won, and the victim also reaches 10 persons.

After committing each of the crimes in this case, the Defendant did not return to Korea for about 10 years until the time of entry into China due to the expiration of the term of validity of the passport.

Although considerable time has passed from the time of crime, full damage recovery has not been made, and the defendant did not receive any remedy from the victims.

On the other hand, however, the defendant is showing the appearance of confession and reflecting the facts charged.

The victims of the damage amount of each of the frauds in this case have been repaid to the victims, and the defendants have faithfully repaid the remaining damage amount after the release.

The defendant shall not have any other penal power, except for the punishment of a fine on three occasions due to the crime of violation of the Road Traffic Act.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

4. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal is again made as follows.

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