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(영문) 서울중앙지방법원 2020.11.13 2020노233
사기
Text

The judgment below

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

Defendant shall be punished by imprisonment.

Reasons

1. The main point of the grounds for appeal (two years of suspended sentence in October) of the lower court is too unhued and unreasonable.

2. In light of the fact that the Defendant committed a crime continuously and repeatedly by abusing trust relationships among many victims, and the Defendant, by denying the crime on the ground that no credibility is available at the lower court’s judgment, was weak, and the actual damage recovery appears to be insufficient, the lower court’s punishment is somewhat minor, considering the favorable circumstances revealed by the lower court.

3. If so, the prosecutor's appeal is with merit. Accordingly, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the rejection of the application for compensation order among the judgment below is reversed, and it is again decided as

[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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