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(영문) 창원지방법원 2020.07.23 2020노248
사기
Text

The judgment below

The part, excluding the case of application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

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

2. Determination

A. Although the Defendant had been punished several times for the same kind of crime, he/she acquired approximately KRW 27 million against the victims during the suspension period and repeated crime of the same kind of crime.

However, the Defendant recognized the instant crime and is against the Defendant.

In the course of investigation, the defendant returned to four victims a sum of money obtained through deception (1.6 million won).

Defendant

In the first instance, 21 victims (a total of 6 million won) agreed to the agreement, and 3 victims were returned by fraud (a total of 400,000 won).

The victims who agreed with the defendant do not want to punish the defendant any longer, but want to take the action against the defendant.

The defendant supports a woman who is suffering from a malk's disease.

In addition, considering the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

B. Where an appeal against a judgment of conviction on ex officio as to the part of the order for compensation by the original court is filed, the confirmation of the order for compensation shall be interrupted, and it shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and even where the original judgment is maintained in

(4) According to the records, since the defendant remitted 152,00 won to C after the decision of the court below was rendered, it can be recognized that the defendant has reached an agreement with D, the compensation order against C, which is an application for compensation by the court below, shall be limited to 98,000 won excluding the above amount, and the existence or scope of the defendant's compensation liability against D, which is an application for compensation by the court below, is not clear.

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