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(영문) 서울동부지방법원 2013.09.27 2013노556

사기

Text

The defendant's appeal is dismissed.

The defendant shall pay 15,700,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (fines 5,000,000) imposed by the court below against the defendant is too unreasonable.

2. In light of the following circumstances: (a) the Defendant did not have the history of being punished for a crime of the same kind; (b) although there was no history of being punished for a crime of the same kind; (c) the injury from the instant crime was not recovered; (d) there was no change of circumstances that may be considered in sentencing after the judgment of the court below; and (e) the motive and background leading up to the instant crime; (e) the circumstances before and after the instant crime; and (e) the Defendant’s age, character and conduct, occupation, occupation, and family relationship

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that there is no reason to appeal, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and an application for a compensation order seeking payment of KRW 15.7 million remaining after subtracting the amount of overdue charge from the amount of KRW 20 million from the amount of money acquired through deception in the court room is reasonable, and therefore, an order for payment of KRW 15.7 million out of the amount acquired by the defendant pursuant to Articles 25 (1) 1 and 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings