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(영문) 의정부지방법원 2014.12.18 2014노1547

사기등

Text

The defendant's appeal is dismissed.

The defendant shall pay 290,000 won to the applicant for compensation by deceit.

This order shall be issued.

Reasons

1. The sentencing of the lower court (two years of suspended execution for one year of imprisonment, two hours of community service order, 120 hours of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s mistake is against his own mistake, and there is no other penalty except for minor punishment for a crime of another type, and that most victims except ten persons among the victims of this case have recovered from damage.

However, the number of the crimes in this case is many, the number of victims is many, the amount of damage is not small, the defendant prepared by taking over the passbook, prepaidphone, etc. to be used for the crime of fraud, and the co-defendant B of the court below took part in the crime in the crime in the court below. In full view of the defendant's age, character and conduct, environment, motive and background leading to the crime in this case, method of crime and consequence, the circumstances before and after the crime, etc., it is difficult to see that the court below's sentencing is too unreasonable.

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 groundless, and the application for compensation order is accepted pursuant to Articles 25 (1) and 31 (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the above compensation order is provisionally executed pursuant to Article 31 (3) of the Act on Special Cases Concerning