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(영문) 청주지방법원 2020.01.31 2019노1451
사기
Text

The judgment below

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

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

2. An order for compensation pursuant to Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Ex officio Proceedings Concerning the Part of Order for Compensation is a system that intends to seek the recovery of damage suffered by a victim simply and promptly by issuing an order for compensation to the accused only when the amount of damage suffered by a victim is specified in the criminal act of the accused and the scope of the accused's liability for compensation is clear. According to Article 25 (3) 3 of the same Act, where the existence or scope of the accused's liability for compensation is unclear, an order for compensation shall not be issued, and in such case, an application for compensation

(See Supreme Court Decision 2012Do7144 Decided August 20, 2012). According to the records of the instant case, it is recognized that the applicant for compensation, E, C, and E, who is an applicant for compensation of the lower court, has prepared an agreement to the effect that they agreed smoothly with the Defendant in the trial. The scope of the Defendant’s liability for compensation, which is the applicant for compensation, was not clear by agreement with the Defendant at the trial of the lower court.

Thus, the application for compensation order filed by E, C, and E by the court below should be dismissed, so this part of the court below's judgment cannot be maintained any more.

3. The telephone financial fraud crime as to the grounds for appeal is likely to cause social harm because the applicable law is organized, planned, intelligent, and difficult to recover damage, and thus, it is necessary to severely punish the relevant participating act, which is less than four months, the period for which the crime was committed is less than four months, and the degree of the crime is not somewhat less than that of inducing the victim, and the defendant continues to escape from a foreign country for a considerable period of time with knowledge of the fact of the receipt of a letter of designation around 2016, and until now, the victims are victims.

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