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(영문) 광주지방법원 2015.07.08 2015노1082

사기등

Text

The defendant's appeal is dismissed.

The defendant shall pay 23,00,000 won to the applicant for a compensation order by deceit.

3.2

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the court below is an unfavorable circumstance, such as the fact that the defendant recognized his mistake and reflects the fact that there is no record of punishment exceeding a fine, but there is a criminal record of the same kind of crime against the defendant, the damage was not recovered, and the victims want to punish the defendant. In addition, considering the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, it is not recognized that the sentence of the court below is too unreasonable, and therefore, the above argument of the defendant is groundless.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the defendant's application for a remedy order filed in the trial room is with merit. Thus, pursuant to Articles 25 (1) 1, 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the defendant shall order the applicant for the compensation order to pay KRW 23,00,000 to the applicant for the compensation order, but it is so decided as per Disposition by ordering the provisional execution to be attached to