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(영문) 창원지방법원 2016.05.12 2016노214 (1)

사기등

Text

The defendant's appeal is dismissed.

The defendant will pay 300,000 won to the applicant by deceitation.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. We examine the reasoning of appeal. Although it is recognized that the defendant reflects the defendant's wrong, the defendant's past records of punishment for the same kind of crime are several times, the defendant is a repeated crime period, the number of crimes is high, and the damage other than some victims is not recovered, and the amount of fraud, the defendant's age, environment, circumstances leading to the crime, and all other matters concerning the sentencing specified in the records and changes of this case are considered appropriate. Thus, the defendant's argument is without merit.

3. Since the criminal facts committed by the defendant against the applicant for compensation as to the application for a compensation order for the above deliberation and the principal of the damage amount are recognized as the grounds for 300,000 won, the defendant is obligated to pay 300,000 won to the applicant for compensation.

4. 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 by the applicant for compensation is accepted in accordance with Articles 25 (1), 31 (1), and 31 (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc. and the provisional execution is declared in accordance with Article 31 (3) of the same Act on the declaration of provisional execution.