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(영문) 서울남부지방법원 2018.01.26 2017노2298

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall be 100,000,000 won, which shall be acquired through deception by the applicant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (six months of imprisonment) or is too heavy (the defendant) or unhulled (the prosecutor).

2. In full view of the circumstances indicated by the lower court on the grounds of sentencing (the amount obtained by deceitation of KRW 140 million, the circumstances leading to the crime, and the equity in the case of being tried at the same time as the imprisonment with prison labor of four years for which the judgment became final and conclusive) and all of the sentencing conditions indicated in the records and arguments of this case, including the fact that there is no change in circumstances after the lower court, the sentence imposed by the lower court is deemed appropriate, and is too heavy or too unreasonable, and thus, the Defendant and the Prosecutor’s assertion are

3. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and since the application for remedy order filed by the applicant for compensation is well-grounded, it is ordered that the defendant shall be paid KRW 140 million by deceiving the applicant for compensation to the applicant for compensation pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and provisional execution shall be attached to the compensation order pursuant to Article 31(3) of the same Act.