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(영문) 서울중앙지방법원 2014.01.07 2013노3767
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one and half years of imprisonment) is too unreasonable;

2. The judgment of the court below seems to be unfair in view of the following: (a) the crime of this case by deceiving victims and deceiving them to pay high interest rate when the defendant invests in the above business when implementing the new construction of a tenement house and the sale of a house in lots; (b) the crime of this case by deceiving the victims to pay high rate interest; (c) the amount of damage reaches a total of KRW 415.8 million; (d) the defendant left the Republic of Cambodia around August 2001, when the victims were demanded to repay from the victims because the above sale of a house was not well achieved; and (e) the defendant entered the Republic of Korea around November 2006, when he entered the Republic of Korea with Cambodia, but he did not make efforts to resolve the problem again and did not make efforts to resolve the problem; (e) the fact that the victims suffered from mental suffering is contrary to the disadvantage of the defendant; (e) there was no agreement with the victim D, the fact that the defendant did not have any same criminal records; and (e) the defendant’s age, character and behavior and other conditions.

3. In conclusion, the part of the judgment below excluding the compensation order under Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is ruled as follows after the pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Declaration of Provisional Execution;

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