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(영문) 서울중앙지방법원 2020.06.12 2020노739
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Scope of the judgment of this court;

A. Of the facts charged in the instant case, the lower court acquitted the victim B, C, and D, and convicted the remainder of the charges.

In this regard, only the defendant appealed against the guilty portion, and since the prosecutor did not appeal against the acquittal portion, the acquittal portion was separated and finalized as it is.

B. In addition, the court below rejected the application for compensation by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the rejection portion is excluded from the scope of the

C. Therefore, the scope of this Court’s judgment is limited to the conviction of the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

3. The judgment of the defendant shows the attitude of recognizing and opposing the crime.

Prior to the judgment of the court below, victims were partly recovered.

However, about KRW 23 million out of the amount of the fraud fraud fraud fraud of No. 1 of the decision of the court below, and about KRW 9 million out of the amount of the fraud fraud fraud of No. 2 of the decision of the court below, has not been recovered.

The lower court sentenced the lowest sentence of the recommended sentence according to the criteria for handling multiple crimes on the sentencing criteria.

The judgment below

There is no change in circumstances that may be considered in sentencing thereafter.

In full view of all other circumstances, including the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable even considering the various circumstances asserted by the Defendant.

Defendant’s assertion is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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