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(영문) 서울동부지방법원 2019.09.20 2019노449
사기등
Text

The defendant's appeal is dismissed.

The defendant shall pay AH 420,000 won to the defendant who is an applicant for compensation.

The above compensation order shall be.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. In full view of the grounds for sentencing indicated in the arguments and records of the instant case, including the fact that the Defendant had been sentenced to a fine and imprisonment due to fraud, etc., but again committed the instant crime against many victims during the period of repeated crime, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various sentencing grounds asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment should be changed.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

Since an application for a remedy order for AH's trial, which is an application for compensation, is well-grounded, it is necessary to order the accused to compensate for the above fraud pursuant to Articles 25 (1) 1 and 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and attach a provisional sentence to the above compensation order pursuant to Article 31 (3)

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