(영문) 서울고등법원 2014.01.16 2013노3337 | 리걸엔진

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(영문) 서울고등법원 2014.01.16 2013노3337

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The judgment below

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

Defendant shall be punished by imprisonment for three years.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.

2. Determination:

A. The crime of this case in the judgment on the grounds of appeal is that the defendant deceivings the victim, thereby deceiving the victim a total of KRW 7.4 million under the pretext of stock investment or loan, and in light of the method and contents of the crime, etc., the crime of this case is very poor in the nature of the defendant's crime. Nevertheless, considering the fact that the defendant did not agree with the victim and did not properly recover from damage, it is necessary to impose strict liability corresponding to it against the defendant.

However, in full view of the following factors: (a) the Defendant led to the confession of the instant crime; (b) the primary offender who has no criminal record; and (c) the Defendant’s age, career, character and behavior, character and environment; (b) motive and background of the instant crime; (c) the method and method of the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

B. The applicant filed an application for compensation order against the Defendant when the judgment on the application for compensation order of the applicant for compensation became final and conclusive. However, according to the records, the application for compensation order of the applicant for compensation is not reasonable since the scope of liability for compensation is not clear. Thus, it is not acceptable.

3. As such, the Defendant’s appeal is with merit. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, the remainder of the judgment below, excluding the dismissal of an application for compensation order, is reversed, and the following is again decided after pleading. The application for compensation order by the applicant for compensation is filed pursuant to Articles 32(1)3 and 32(2) and 25(3) of the Act on Special Cases Concerning

참조조문

-소송촉진 등에 관한 특례법 제25조 제3항

-소송촉진 등에 관한 특례법 제32조 제1항 제3호

-형사소송법 제364조 제6항

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