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(영문) 인천지방법원 2017.08.11 2017노2155
사기등
Text

The defendant's appeal is dismissed.

The defendant pays 20,000,000 won to the applicant N. The above compensation order.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and eight months of imprisonment) is too unreasonable.

2. As to the reasons for appeal, the fact that the defendant paid 5.5 million won to the victim I, 18 million won to the victim K, and that the defendant led to the confession of the crime and recognized the mistake is favorable to the defendant.

However, the total amount of damages caused by the instant crime is at least 192 million won, and the victims are at least seven persons, the total amount of damages is at least KRW 23.5 million, and a significant amount of damages has not yet been recovered, and there is no agreement with the victims, and the defendant has been subject to criminal punishment at least 13 times including five times the past records of punishment for the same criminal, embezzlement, etc.

Considering the above circumstances and other circumstances, such as the Defendant’s age, sexual conduct, occupation and environment, and motive and circumstance leading to the instant crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable for the lower court’s punishment to be too unreasonable.

3. Since an application for a compensation order filed by the applicant N (the victim referred to in Article 25(1)1 and Article 31(1)1 and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. is well-grounded, the court shall order the Defendant to compensate for KRW 20,000,000 which is obtained by deception pursuant to Article 25(1)1 and Article 31(1) and (2) of the same Act, and shall attach a provisional execution to the above compensation order pursuant to Article 31(3) of the same Act.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is decided as per Disposition by the assent of all participating Justices.

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