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(영문) 대구지방법원 2018.07.19 2018노1498
사기
Text

The defendant's appeal is dismissed.

The defendant shall be liable to the applicant E for the compensation of KRW 31,100,000,000.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court sentenced the above sentence by taking into account the favorable circumstances, such as the fact that no agreement has been reached, and the circumstances that could have been judged together with the final and conclusive criminal records in the judgment, with the exception of the part of this case, should be considered.

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, other than the flexible and unfavorable circumstances taken into account by the lower court, and all other conditions of sentencing, including the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence, scale of the crime, and circumstances after the crime, it cannot be deemed unfair to have exceeded the reasonable bounds of discretion or maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the above assertion by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and since the defendant's appeal is without merit, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and since each application of the applicants for compensation order is with merit, it is accepted in accordance with Articles 25 (1), 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and provisional execution is attached to the above compensation order pursuant to Article 31 (3)

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