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(영문) 광주지방법원 2021.02.10 2020노1653
사기등
Text

All parts of the judgment of the court below, excluding an order for compensation and dismissal of application for compensation, shall be reversed.

Defendant .

Reasons

1. The first instance court rejected the applicant’s application for compensation as stated in the attached Form, while accepting the application for compensation by the applicant for compensation as stated in the attached Form.

On the other hand, since the defendant appealed against the judgment of the court of first instance, pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion”), the part of the order for compensation among the judgment of the court of first instance was judged to be the first instance.

However, there is no objection against the judgment dismissing an application for compensation pursuant to Article 32 (4) of the Litigation Promotion Act. Therefore, the part dismissing the application for compensation among the judgment of the court of first instance shall be excluded from the scope of the trial for the relevant party.

2. The summary of the reasons for appeal (No. 1: imprisonment with prison labor for 1 year and 6 months, 1 year and 2 year: Imprisonment for 1 month and 2 months: imprisonment with prison labor for, and 3 months: fine of 3 million won) is too unreasonable.

3. Ex officio determination

A. Of the lower judgment, the Defendant filed an appeal against the lower judgment regarding the part of the lower judgment other than the compensation order, and the first instance court decided to jointly deliberate on the said appeal case.

In this regard, some of the lower judgment's respective crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38 (1) of the Criminal Act. Therefore, the lower judgment cannot be maintained as it is.

B. According to the records of part of the judgment below's compensation order in the judgment below, the defendant transferred money equivalent to the amount of damages suffered by each applicant of the judgment below to each of the accounts of D, E, G, L, N, N,O, P, P, AC, AF, AG, AH (including the judgment of the court below No. 1), and AB (No. 3) among the applicants for compensation in the judgment of the court below.

According to the above facts, the existence or scope of the defendant's liability for damages against the applicants for the above compensation of the court below is not clear.

As such, pursuant to Article 25 (3) 3 of the Litigation Promotion Act, the above applicant for compensation should not be ordered a compensation order.

Therefore, the above judgment of the court below is reversed.

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