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(영문) 부산지방법원 2020.02.07 2019노4117
사기
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

The judgment below

Of the lower judgment, the lower court.

Reasons

1. The court below rejected part of M’s application for compensation, which is an application for compensation, filed by the applicant for compensation, B, H, I, J, L,O, Q, S, and P, and application for compensation. Since the applicant for compensation was unable to file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below’s rejection of the above application for compensation among the judgment below is excluded from the scope of the judgment

2. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

3. It is recognized that the defendant committed each of the crimes of this case without being aware of the fact that the defendant had been already punished four times for the same crime (two times of imprisonment with prison labor (one time of suspended sentence) and two times of fine) and the defendant committed each of the crimes of this case during the period of repeated crimes without being aware of the fact that the defendant had been punished for the same crime, and that the victim has many 62 persons and the total amount of damage was 20,725,152 won.

However, the court below made a confession of all the crimes in this case and against the defendant, 9,043,00 won out of the amount of damage in the court below, and agreed with 10 victims (N, H, L, BM, S, BB, Q, P, and BA). In addition, 4,924,00 won has been repaid in the court below, and 6 victims (BX, D, M, F, R, and BL) have not want to be punished against the defendant, and in full view of all other matters concerning the sentencing specified in the arguments in this case, including the defendant's age, character and behavior and environment, motive for committing the crime, circumstances after committing the crime, etc., the defendant's assertion is unreasonable since the punishment of the court below is somewhat inappropriate.

4. In a case where the defendant, ex officio, filed an appeal against conviction regarding the part of the compensation order by the court below, the compensation order pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even though he does not object to the compensation order, is transferred to the appellate court along with

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