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(영문) 서울북부지방법원 2020.07.28 2020노720
사기등
Text

1. The defendant's appeal is dismissed;

2. The "20 million won" in the third sentence of the judgment of the court below is "20 million won".

Reasons

1. The court below within the scope of this court's adjudication partially cites B's application for compensation order (2020 seconds456) which is the applicant for compensation, and dismissed the rest of the application, and the applicant for compensation pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings cannot file an objection against the judgment dismissing the application for compensation. Thus, the part of the above dismissal was immediately determined and thus excluded from the scope of the judgment of this court, and the defendant appealed against the judgment of the court below, but did not claim the grounds for appeal regarding the cited part of the compensation order of the court below, and even upon ex officio examination, it cannot find the grounds for revoking or changing

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and confiscation) imposed by the court below on the defendant is too unreasonable.

3. The fact that the Defendant recognized each of the instant crimes, the Defendant committed a crime without any particular occupation in the state of economic poverty after being unemployed, and the fact that there seems to be no substantial profits from each of the instant crimes. Each of the instant crimes is in a concurrent relationship between the crime of violating the Electronic Financial Transactions Act and the crime of violating the latter part of Article 37 of the Criminal Act as stated in the judgment of the court below, and there are favorable circumstances for the Defendant, such as the fact that the sentence should be imposed by taking into account

However, each of the crimes of this case was involved in Bosing crimes, which inflict significant harm on the society, and the nature of the crime is not very good, and there is a serious personal and social harm, and the defendant took part in the crime even though he had previously been punished for the same kind of crime, and the defendant took part in the crime again even though he had had the record of punishment for the same kind of crime, the victims suffered considerable damage due to each of the above crimes, but did not properly recover from damage, and no agreement was reached until the trial was made after the sentence of the judgment below.

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