(영문) 서울고등법원 2018.10.25 2018노999 | 리걸엔진

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(영문) 서울고등법원 2018.10.25 2018노999

특정경제범죄가중처벌등에관한법률위반(사기)등

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The judgment below

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

Defendant shall be punished by imprisonment for five years.

Reasons

1. The court below rejected all applications for compensation order filed by the applicant B, C, D, and E, and the applicant for compensation 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. Thus, each of the above applications for compensation order was immediately finalized.

Therefore, the rejection of the above order for compensation is excluded from the scope of the trial of this court.

2. The sentence imposed by the lower court (seven years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The circumstances are that the actual amount of damage is about KRW 2.6 billion even if the defendant returns to the victims as principal or profit, and even if the defendant deducts KRW 600,000,000,000,000,000 won, the actual amount of damage is about KRW 2.6 billion, the defendant still has not been compensated for damage, and the victims want to punish the defendant.

However, there is no criminal history against the defendant, and the victims are also responsible for the occurrence or expansion of damage.

Considering the fact that the defendant seems to be favorable to the defendant, taking into account the records of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and the various conditions of sentencing as shown in the court below and the trial at the court below, the sentence of the court below against the defendant is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

4. As such, the defendant's appeal is reasonable, and the part of the judgment below excluding the rejection of an application for compensation order among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and it is decided again after pleading as follows.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court is identical to the facts stated in the relevant column of the judgment of the court below.

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