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(영문) 서울동부지방법원 2020.11.20 2020노1040

사기등

Text

The prosecutor's appeal is dismissed.

The defendant pays 14 million won to the applicant for compensation by deceit.

3.2

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment) is too unhued and unfair.

2. In full view of the reasoning of the appeal in this case’s argument and the grounds of sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing asserted by the prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

Therefore, prosecutor's assertion is without merit.

3. Since the accused's fraudulent facts charged against the applicant for compensation at the trial court's judgment as to the application for compensation order at the trial court are found guilty as stated in the court below's decision, the application for compensation applicant seeking compensation order through deception amount is justified.

4. 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 in the trial is well-grounded, and this is accepted in accordance with Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and attaching a declaration of provisional execution under Article 31 (3)