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(영문) 서울남부지방법원 2019.07.18 2019노779
사기
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Two years of imprisonment.

Reasons

1. The court below rejected the application for compensation order filed by C, and partly accepted the application for compensation order filed by B, which is the applicant for compensation, and dismissed the remainder. The applicant for compensation cannot apply for objection against the judgment dismissing the application for compensation or accepting the part thereof pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and thus, the dismissed part is excluded from the scope of the judgment of this court

2. The summary of the grounds for appeal (in both cases of unfair sentencing) by the lower court (in both cases of imprisonment with labor for three years, confiscation) is too minor or unreasonable.

3. The criminal defendant's participation in the judgment is highly necessary to punish the criminal defendant even if he/she was in charge of certain acts of implementation as a serious crime of serious social harm, such as causing damage to an unspecified number of unspecified victims in a planned and systematic manner.

In the process, the Defendant played a duty to collect money directly delivered to the victims or to another accomplice. In that process, the Defendant is very heavy in the responsibility of the Defendant since the method of crime is considerably poor, the frequency of crime is high, and the amount of damage is 2.60 million won.

However, the defendant has been aware of his criminal act for the first time, and is against it.

There is no significant benefit from the defendant's acquisition and there is no record of punishment for the same crime.

In the court below, one of the victims was agreed with one of the victims, and in the trial, two of the victims was agreed additionally.

Considering these circumstances, the sentence of the court below is somewhat inappropriate.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Although the appeal by the prosecutor is groundless, the judgment of the court below is reversed by accepting the defendant's appeal.

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