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(영문) 청주지방법원 2020.03.12 2019노1805
사기등
Text

The defendant's appeal is dismissed.

The defendant is a party to the BN, who is an applicant for compensation, 250,000 won by fraud, and 250 won by fraud.

Reasons

1. The gist of the grounds for appeal is that the Defendant is not a person who has made the principal benefit by committing the instant crime, and that the sentence imposed by the lower court (two years of imprisonment) is too unreasonable in light of the family environment and economic conditions.

2. In light of the Defendant’s assertion on the grounds of appeal, the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense; and (b) the Defendant committed the instant crime during the period of repeated offense; (c) the Defendant did not have paid damages therefrom; and (d) no new sentencing data that could change the lower court’s punishment was submitted in the first instance trial; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense; and (c) the circumstances after the offense.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the defendant's application for compensation is well-grounded, the court below's application for compensation is accepted pursuant to Article 25 (1) and Article 31 (1) through (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings,

The Prosecutor deleted “67,000 won including additional tax” from among the facts charged in the instant case, and applied for the amendment of a bill of amendment to the effect that “670,000 won” is “50,000 won”, and this Court permitted this, but the subject of the trial was changed due to this.

Since there is no change in the facts charged to the extent that it affects the defendant's right to defend or the defendant's right to defend, the judgment below is not reversed due to changes in indictment, and the facts charged in the judgment below are

In addition, Article 347 (1) of the Criminal Code provides that "the fraud of Article 347 of the Criminal Code is committed in relation to the crime of the judgment below."

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