beta
(영문) 의정부지방법원 2013.07.03 2013노624

사기

Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. We examine the defendant's assertion of unfair sentencing, and consider the facts of the crime of this case, the defendant recognized both of the facts of the crime of this case and reflects the depth thereof, the defendant's payment of some of the damages to some victims has been favorable to the defendant. However, each of the crimes of this case has been repeatedly committed against six victims for a period of not less than one year, and the nature of the crime was extremely poor in light of the period, frequency, and degree of damage, etc. of the crime. The defendant failed to agree with all victims, and the victims failed to complete recovery, and the victims failed to endeavor to take a serious punishment against the defendant. The defendant was sentenced to imprisonment of two years for the same kind of crime, and the defendant again committed each of the crimes of this case on August 22, 2010, even though he was released from prison on August 22, 2010, and then discharged from prison, and even during the period of repeated crime, the defendant's age, character and behavior, environment, occupation, and the circumstances leading to the defendant's above crime, etc.

B. An applicant for judgment on the part of the case of applying for compensation order sought compensation of KRW 53,070,450,000, which is the principal of the non-payment of the fraudulent money of this case, and KRW 52,000,000,000, which is the card payment, and KRW 1,070,450, which is the card payment, from the party trial, and applied for compensation order, the compensation order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is the amount of direct property damage suffered by the