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(영문) 서울서부지방법원 2013.09.26 2013노834

사기

Text

The defendant's appeal is dismissed.

The defendant shall pay 27,700,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Although the Defendant led to the confession of the instant crime and reflects his mistake, the extent of damage is heavy when the amount of damage resulting from the instant crime exceeds KRW 83 million, and has not been recovered from damage; there is no special circumstance or change in circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and other overall sentencing conditions, including the Defendant’s age, character and conduct, motive and circumstance of the instant crime, and circumstances after the crime, are considered comprehensively, given that the lower court’s punishment is heavy or unreasonable. Thus, the Defendant’s assertion of unfair sentencing is without merit.

3. In conclusion, the appeal of this case by the defendant is dismissed under Article 364(4) of the Criminal Procedure Act, and the application for compensation order by the applicant for compensation filed in this court is well-grounded. Thus, in accordance with Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., an order to order the defendant to compensate for physical damage (24 million won by defraudation as of April 12, 201 and 3.7 million won by fraud as of April 27, 201) to be ordered. It is so decided as per Disposition.