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(영문) 서울동부지방법원 2015.01.30 2014노1723

사기등

Text

The defendant's appeal is dismissed.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant reflects the defendant's wrong and there is no record of being subject to the punishment heavier than the previous suspension of execution, the defendant supports the old parent and the wife as the disabled of class 3 with physical disability, and the defendant deposited 12 million won against the victim E under the pretext of recovery from damage caused by the defendant in the trial. However, although the defendant had the record of punishment previously been punished for fraud, despite the fact that the amount that the defendant acquired or embezzled by deception or embezzled by the crime of this case reaches 63780,000 won, it is disadvantageous circumstances such as the fact that the defendant was unable to recover most damage to the victims or have not been used, and other circumstances that form the conditions of sentencing as shown in the records such as the motive and circumstance leading up to the crime of this case, the situation before and after the crime, the defendant's age, character and behavior, environment, occupation and family relation, it cannot be said that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for compensation order of this case is not reasonable since the scope of liability for compensation against the applicant for compensation is not clear. Thus, the application for compensation order of this case is dismissed in accordance with Articles 25 (3) and 32 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and is so decided