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(영문) 대전지방법원 2013.10.10 2013노1184

사기

Text

The prosecutor's appeal is dismissed.

The judgment below

The part of the compensation order shall be cancelled, and the applicant for compensation shall be cancelled.

Reasons

1. The sentence of the court below (two months of imprisonment and two years of suspended execution, probation, and community service order 200 hours) to the summary of the grounds for appeal is too unhued and unreasonable.

2. It is recognized that the amount of deception obtained through the crime of fraud of this case is not so much, and that the victim wants to punish the defendant because it was impossible to agree with the victim until now. Meanwhile, the defendant confessions and reflects each of the crimes of this case, among the crimes of this case, the F was indicted as his accomplice and sentenced to conviction on the ground that the victim was fully repaid the amount of damage from F, and the damage to the above part is deemed to have been actually recovered in light of all the sentencing conditions such as the age, character and conduct, environment, and circumstances after the crime, etc. of this case, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. Meanwhile, the court below decided as ordered by the decision that the applicant for compensation should dismiss the application for compensation by the applicant for compensation pursuant to Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on the ground that it is not reasonable to issue an order for compensation in the criminal procedure because the applicant for compensation receives the amount corresponding to the first bid deposit from his accomplice F and it is not clear whether or not the applicant for compensation is liable for compensation, such as receiving the amount corresponding to the first bid deposit in this case.