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(영문) 서울북부지방법원 2021.03.19 2020노1407
사기등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The lower court rejected an application for compensation filed by the applicant for compensation by the lower court. However, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Therefore, the dismissed portion of the application for compensation order was immediately finalized.

Therefore, among the judgment below, the rejection of the above compensation order is excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) against the Defendant is too unreasonable.

3. Determination of each of the instant crimes is a so-called “singishing crime,” and is highly harmful to society, such as planned and organized against many and unspecified persons, and harming trust among members of society, and thus, the Defendant involved in each of the instant crimes requires strict punishment. The fact that the total amount of damage caused by each of the instant fraud was not much significant, etc. is disadvantageous to the Defendant.

However, it is reasonable that the above victims do not want punishment against the defendant, such as the fact that the defendant all of the crimes of this case are recognized and reflected, that the defendant did not lead the crime of Bosing, but did not have any record of punishment for the same kind of crime, that the defendant was punished by a fine, that there was no record of punishment for the defendant's participation in the crime of this case, that the defendant paid part of the amount of damage or agreed money to four victims excluding Eul among five victims (the victim H: KRW 9 million out of the damaged amount: KRW 9 million, KRW 300,000 out of the damaged amount: KRW 10,930,000 of the damaged amount; KRW 4.3 million of the damaged amount; KRW 11 million of the damaged amount; KRW 5 million of the damaged amount; and KRW 2.5 million of the victim M: the victim's profits that the defendant obtained by the participation in each of the crimes of this case are more favorable to the defendant.

In addition to the above various circumstances, the age, environment, and the defendant.

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