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(영문) 제주지방법원 2021.03.25 2020노979
사기
Text

The judgment below

Of the above, the part of the case of the defendant and the part of the compensation order against the applicant B shall be reversed.

Reasons

The court below rejected the application for compensation order filed by the applicant D for the original judgment, 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. Therefore, the part rejecting the application for compensation order was immediately finalized.

Therefore, among the judgment below, the rejection of the above compensation order is excluded from the scope of the judgment of this court.

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

The instant crime on the grounds of appeal is an unfavorable circumstance that the Defendant acquired approximately KRW 22 million against victims on about 19 occasions, and the number of times of the crime is high, that is, the amount of defraudation is not significant, that the Defendant was punished for the same fraud including suspended execution, and that the instant crime is a crime during the suspended execution period, and that most of the damage was not recovered.

However, in light of the fact that the defendant's mistake was recognized by the court below, the victim Y, B agreed with the victim Y, and the victim T, and D's recovery from the damage, it is more favorable that the defendant's punishment imposed by the court below is too unreasonable, taking into account the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc.

The judgment below

Of the judgment of the court below on the part of the compensation order against the applicant B of the court below, when the defendant appealed against the conviction, even if there is no objection to the compensation order, the compensation order is transferred to the appellate court pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., so the part of the compensation order in the

According to the records, the applicant B of the court below's compensation shall be 190,000 won by fraud from the defendant in the trial of the party.

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