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수원지방법원 2017.12.08 2017노4469
사기
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall pay compensation to the applicant.

Reasons

1. The decision of the court below (the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: imprisonment with prison labor for a period of two months) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and that among the judgment of the court below, each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be sentenced pursuant to Article 38(1) of the Criminal

Therefore, the judgment of the court below cannot be maintained.

3. The applicant filed an application for compensation seeking payment of KRW 600,000,000,000 and KRW 670,000,00,00 for the Defendant’s deceptive money and hospital treatment expenses.

However, "Direct physical damage" subject to a compensation order under Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings refers to the value of the goods or profits illegally acquired in the crime of property, such as fraud.

Therefore, it is difficult to view hospital treatment costs as direct physical damage caused by crimes in this case.

Therefore, the compensation order is made only for 600,000 won by fraud.

3. In conclusion, the judgment of the court below is reversed ex officio on the grounds that the above reasons for reversal exist, and the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

In addition, pursuant to Article 25(1), Article 31(1), 31(2), and 3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, an application for compensation order filed by an applicant for compensation shall be accepted within the scope of the above recognition.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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