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(영문) 의정부지방법원 2020.09.25 2020노1177
사기
Text

The judgment below

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

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that this judgment.

Reasons

1. The lower court rejected all applications for compensation order B and G by the lower court, and the case for applying for compensation order was immediately finalized, as it is not possible to appeal the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of the trial of the party.

2. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (referring to six months of imprisonment) is too unreasonable.

3. The crime of fraud of “H” committed by the Defendant on the grounds of appeal is that the Defendant posted a false product sales advertisement to many and unspecified persons in a short period to obtain the price by fraud, and the crime’s quality is not minor in light of the frequency and method of the crime.

However, in light of the fact that the defendant recognized all of the crimes of this case, thereby against his mistake, that the 15 victims were recovered from damage to the 15 victims during the trial, that there was no criminal record exceeding the fine, that there was no criminal record against the defendant, and that there was no other criminal records as to the defendant's age, occupation, character and conduct, environment, etc., the court below's punishment is determined to be unreasonable since the defendant's argument is reasonable.

4. If the defendant, ex officio, files an appeal against a conviction, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, and thus, the part of the compensation order

According to the provisions of Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, if the existence or scope of liability of the accused is unclear, no compensation order shall be issued, and in such cases, a compensation order shall be made pursuant to Article 32 (1) of the same Act

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