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(영문) 서울남부지방법원 2019.05.24 2018노454
사기
Text

The judgment below

The part of the defendant's case shall be reversed, and the compensation order part against C, which is an application for compensation, shall be revoked.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The judgment defendant recognized each of the crimes of this case, and there is no same criminal record.

However, the defendant did not pay rent, as the deficit of the business place under management that he operated is accumulated, and in the case of a new forest store, the business place has been substituted by a real estate brokerage office, and in the case of a new forest store, there are circumstances that make it impossible to lend a new loan due to the existing loan received from a financial institution, but attracting many customers without disclosing such circumstances. The nature of the crime is very bad.

After the judgment of the court below was rendered, the defendant only compensated for the amount of damage to C, which is the applicant for compensation, but did not compensate for the remaining victims, and did not make any effort to recover the damage.

In addition to the above circumstances, considering all factors of sentencing indicated in the pleadings, such as the Defendant’s age, character and conduct, environment, motive and means of the offense, and circumstances after the offense, the lower court’s punishment is somewhat unreasonable.

Therefore, prosecutor's assertion is justified.

3. If so, the prosecutor's appeal is reasonable, and the part of the judgment below regarding the defendant's case is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

On the other hand, the application for compensation filed by C, an applicant for compensation, on April 30, 2019, for the above applicant for compensation, is recognized as having received the amount of damage from the defendant on April 30, 2019, and it is not reasonable to issue an order for compensation in the criminal procedure. Thus, it is reasonable to revoke the part of the order for compensation filed by the above applicant for compensation pursuant to Article 33(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and apply for compensation order filed by the above applicant for compensation pursuant to Articles 3

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