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(영문) 수원지방법원 2016.12.23 2016노4995

사기

Text

The prosecutor's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (4 million won of a fine) is too unhued.

2. The judgment requires strict punishment of the defendant considering the following facts: (a) the defendant deceivings the victim, defrauds the victim a total of KRW 8.7 million under the name of borrowed money, uses it as gambling money, the nature of the crime is inferior to the victim; (b) the victim has not been agreed upon until the trial was in the trial; and (c) the damage has not been fully recovered; (c) the defendant led to the confession of the crime of this case and reflects his mistake; (d) the defendant has no record of punishment for the same kind of crime; (e) some of the above defraudeds have been repaid; and (e) there are no special circumstances to change the sentence of the court below at the trial; and (e) other various circumstances that include the defendant's age, character, character, intelligence and environment, motive, method, method, and consequence of the crime; and (e) the circumstances before and after the crime; and (e) the prosecutor's allegation of unfair sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation order by the applicant for compensation is not clear, so the scope of liability for compensation is not clear, and thus, the application for compensation order by the applicant for compensation is dismissed in accordance with Article 32 (1) and (2) and Article 25 (3) 3