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(영문) 수원지방법원 2014.12.04 2014노5663
사기
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The main point of the grounds for appeal is that the original court’s imprisonment (two years and six months of imprisonment) is too unreasonable;

2. The judgment on the appeal by the defendant was made by the court below that the defendant committed the fraud against the victim H at the court below, that the defendant recognized the fraud against the victim victim D at the court below, that there was no record of punishment exceeding the fine, that there was no record of punishment for the same crime except for one time before the fine was imposed on August 2012, or that there was no record of punishment due to the same crime from the victim under the discount of promissory note, and that the defendant obtained a large amount of money from the victims. The crime was not proper, that the defendant did not reach an agreement with the victims, that the defendant did not actively endeavor to recover the damage, that the situation where the victim did not reach an agreement with the victims, that the victim was extremely difficult to economically and economically due to the defendant's fraud. Accordingly, it seems that the above victim's severe punishment was caused by the defendant's fraud, and that there was no other evidence that the court below's punishment was too inappropriate considering all the records and arguments of this case, such as the defendant's age, character and behavior, the background, means and result of the crime and circumstances after the crime

3. The applicant for compensation at the trial for the application for the compensation order at the trial court filed an application for the compensation order at the trial court, which sought payment of KRW 200 million, which is part of the amount of damage, against the accused. In light of the circumstances such as the fraudulent crime committed against the accused against the applicant for compensation at the trial from March 2006 to September 4, 2006, and the total amount acquired by the accused from the applicant for compensation at the trial, is 387,014,534 won, it is not clear that the scope of the part for which the applicant for compensation at the trial seeks payment through the application for the compensation order at the trial and it is not reasonable to issue the compensation order in the criminal proceedings.

4. Conclusion, the defendant.

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