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(영문) 서울중앙지방법원 2019.05.03 2019노314
사기
Text

The judgment of the court below is reversed, and the compensation order is revoked.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment with labor (one year of imprisonment) of the lower court is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. It is recognized that the Defendant had a record of being punished four times by a fine due to the same type of fraud, and that the instant crime was committed over a long-term period, the total number of victims reaches 156 persons, and the total amount of damages exceeds 47 million won.

However, in full view of all the sentencing factors indicated in the records and arguments of this case, including the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstance after the crime, etc., it seems that the sentence of the court below is somewhat unreasonable, and thus, the defendant's punishment imposed by the court below is somewhat unreasonable.

Ultimately, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(A) Although the appeal by a prosecutor is without merit, the prosecutor's appeal shall not be dismissed separately from the order, inasmuch as the defendant's appeal is accepted and the judgment of the court below is reversed. Meanwhile, an application for compensation order by an applicant for compensation by the court below is recognized as having received the amount of damage from the defendant on July 19, 2018, and it is not reasonable to issue a compensation order in the criminal procedure because the scope of liability for compensation is not clear, and thus, it is not reasonable to issue a compensation order

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