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(영문) 서울동부지방법원 2021.03.12 2020노1431
사기
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

gallon jus S10.

Reasons

1. The court below accepted the applicant B’s application for compensation. The defendant filed an appeal against the court below, and deemed that he also appealed to the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the court below. However, the defendant did not assert the grounds for appeal against the part of the court below’s application for compensation, and even if ex officio examination, it cannot find the grounds for cancelling or changing the part of the court below’s application for compensation order.

Meanwhile, pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Therefore, the part of the judgment below dismissing the application for compensation against the applicant C is excluded from the scope of the judgment of the court of this Court

2. Summary of reasons for appeal;

A. The sentence imposed by the lower court (one year and four months of imprisonment, and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

3. The judgment of the court below is a crime committed against many unspecified victims in a systematic and planned manner, and there is a serious social harm and structural characteristic that is not easy to recover from damage. Therefore, it is highly necessary to strictly punish the act of participating in the crime. The amount of fraud of each of the instant fraud exceeds KRW 50 million.

In addition, there is a circumstance that the defendant still failed to recover damage to the victim B and H until the trial of the party. On the other hand, the defendant appears to have led to the confession of the crime of this case as the principal offender, the defendant reached an agreement with the victim C division in the court of original instance, the defendant reached an agreement with the victimJ in the court of original instance, and the amount of 6 million won acquired money to the victim I was confiscated at the investigation stage and returned to the victim I.

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