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(영문) 수원지방법원 2015.11.04 2015노4447

사기등

Text

The defendant's appeal is dismissed.

The defendant shall pay 165,560,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.

2. The instant crime was committed by the victims for a long period of time by acquiring a large amount of money equivalent to KRW 370,000,000 from the victims, and is not paid wages of KRW 30,000,000, and its nature is not good.

In addition, the defendant has been punished several times for the same crime, and in particular, two months have not passed since the execution of punishment for the same crime was completed, and there is a heavy burden on the charge of the crime of this case.

The defendant, who was under the investigation of this case, escaped after seeking an extension of the date of the examination of the suspect prior to detention for agreement with the victim E, and even after considerable time has elapsed since the crime of this case, no damage recovery has been made yet, and there is no evidence to prove that the defendant has made efforts to recover damage.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair because the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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 since an application for remedy order filed in the trial of the court is well-grounded, it is ordered that the defendant pay 165,560,000 won to the applicant for compensation under Articles 25 (1) 1, 31 (1) and 31 (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, but it is decided as per Disposition by imposing a provisional execution sentence on the above compensation order pursuant to Article 31 (3)