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(영문) 서울동부지방법원 2013.12.12 2013노1207
사기
Text

The defendant's appeal is dismissed.

The defendant is 4,550,00 won by fraud to D who is an applicant for compensation, and F who is an applicant for compensation.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. The judgment shows the attitude of the defendant as if the defendant had committed the crime of this case, the defendant had no record of being punished as a crime of fraud before, the defendant could have been tried and punished together with the judgment of the court below which became final and conclusive, and the defendant has paid part of the money in the name of interest to the victim D and F, etc. are favorable to the defendant.

However, the crime of this case is committed by the Defendant with three victims who actively make a false statement on several occasions in order to resolve his/her own debt by means of “fluoring,” and the crime of this case is committed by the Defendant, and the crime is not appropriate in light of the motive, circumstance, method and consequence of the crime, etc., and the Defendant is unable to recover most of the victims. The lower court appears to reflect all the favorable circumstances, and there is no change of circumstances that may vary in punishment at the trial, and all other circumstances shown in the records and arguments, such as the Defendant’s age, character, character and environment, occupation, power, process, means and consequence of the crime of this case, etc., and the circumstances before and after the crime, etc. are considered unreasonable.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the defendant's application for compensation order against the defendant is well-grounded, pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the defendant shall order D, the applicant for compensation, to compensate for the amount of KRW 4,550,00,000, and to compensate for the amount of KRW 5,200,000, respectively, and the provisional execution is attached to each of the above compensation order pursuant to Article 31 (3)

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