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(영문) 수원지방법원 2016.12.23 2016노6984

사기

Text

The prosecutor's appeal is dismissed.

The defendant shall pay F, who is an applicant for compensation, KRW 40,000,000.

3.2

Reasons

1. The summary of the grounds for appeal (the first instance court’s decision: 10 months, the second instance court’s imprisonment for 10 months, the second instance court’s decision, the second instance court’s decision, and the second instance court’s decision: 6 months, and the second instance court’s imprisonment for 2016Da1449, the second instance court

2. The judgment of the defendant has the record of having been punished several times for the same crime, the amount of money acquired through deception is a total of KRW 190 million, KRW 260,000,000,000, KRW 2149,000 in total, KRW 260,000,000,000 in total, and KRW 260,000,000,000, KRW 200,000,000, KRW 2016,3674, and KRW 1449 are disadvantageous circumstances.

However, the crime of 2016 Highest 3674 is to take into account the equity between the case and the case to be tried together with the criminal facts of the previous offense in the judgment of the court below which became final and conclusive, and the victim of 2016 Highest 2141 case has agreed with an investigative agency only smoothly, recognize and reflects the crime, and other various sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the F's application for compensation order, which is the applicant for compensation, shall be dismissed in accordance with Article 25 (1) 1, Article 31 (1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., order the payment of KRW 40,000,00 by deceit to the defendant under Article 25 (1) 1, Article 31 (2) and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. for the reason that the application for compensation order, which is the applicant for compensation, is not clearly stated as the victim of criminal facts. Thus, the application for compensation order, which is the applicant for compensation, shall be dismissed in accordance with Article 32 (1) 3 and (2) and Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and shall be dismissed