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(영문) 서울중앙지방법원 2017.10.20 2017노2953

사기

Text

The defendant's appeal is dismissed.

The defendant will pay the applicant AA the amount of KRW 470,00,000.

Reasons

The reason for appeal by the defendant is that the original sentence is too heavy.

However, the lower court’s sentencing is not deemed unfair in light of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record.

The defendant's appeal is dismissed, and the applicant AA's application for compensation order filed in the trial is well-grounded, so under Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the defendant shall be ordered to pay 470,000 won by fraud to the above applicant pursuant to Article 25 (1) of the same Act, and provisional execution is attached to the above compensation order pursuant to Article 31 (3) of the same Act

Since the defendant appealed against the judgment below which is a conviction, pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the part of the compensation order for applicants C and D of the original judgment shall also be transferred to the appellate court. However, although the grounds for appeal regarding the part of the compensation order among the judgment below in the petition of appeal and the reason for appeal submitted by the defendant or defense counsel are not indicated, and even if examined ex officio, the part of the judgment below regarding the compensation order cannot be