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(영문) 의정부지방법원 2020.02.07 2019노2600
사기등
Text

The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. In a case where an appeal against a judgment of conviction in the scope of a trial by this Court is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Article 1 of the lower court partially accepted the application of B, which is the applicant for compensation, and the Defendant did not assert any grounds for appeal against this part, and even if ex officio examination, the grounds for revocation or alteration cannot be discovered. Therefore, the part that cited the compensation order in

2. The summary of the grounds for appeal (Article 1: 1 year and six months of imprisonment, confiscation, and 2 months of imprisonment) of the lower court is too unreasonable.

3. The Defendant filed an appeal against all the judgment below, and this court decided to hold two appeals together with other judgments.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act and Article 2 of the judgment of the court below with the exception of compensation order among the judgment of the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The criminal intent of Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, and Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act is known to be used for crimes.

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