beta
(영문) 의정부지방법원 2015.10.06 2015노2121

사기등

Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant is aware of and against all of the instant crimes, the most supporting the elderly and minor children, and the fact that the lower court agreed with four of the victims.

B. However, in light of the following: (a) the Defendant has a history of criminal punishment several times; (b) the Defendant has been subject to criminal punishment for the same fraud crime at least twice (one time of suspended sentence; and (c) the amount of damage acquired by deception by each of the crimes of this case reaches a total of 2 billion won; (b) the victim has a number of victims; (c) the victim has no agreement with most victims; (d) the damage recovery has not been made; and (e) there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower judgment; and (e) other factors such as the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime; (d) the circumstances before and after the instant crime; and (e) other various sentencing conditions specified in the argument

C. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

Although an application for a compensation order is filed by the time the argument in the appellate trial is closed in accordance with Article 26 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the application for the compensation order in this case is clearly recorded after the date of the closing of argument, and thus, it is so decided as per Disposition.