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(영문) 의정부지방법원 2015.04.21 2015노186
사기등
Text

The defendant's appeal is dismissed.

The defendant shall pay 2,800,000 won to an applicant for compensation.

The above order shall be.

Reasons

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

2. Determination on the grounds for appeal

A. It is recognized that the Defendant has no record of criminal punishment except for juvenile protective disposition due to larceny, etc.

B. However, in full view of the following circumstances: (a) the Defendant committed a crime of fraud against many victims for a considerable period of time; (b) additionally, larceny was committed; (c) the total amount of damage was not much than KRW 10 million; (d) the victims did not recover from damage; and (e) the Defendant’s age, details of the crime, and circumstances after the crime were committed; and (e) the lower court’s punishment is too unreasonable even if the circumstances favorable to the Defendant were considered in light of the aforementioned favorable circumstances.

C. Therefore, the defendant's above assertion is without merit.

3. The defendant's charges of larceny against the applicant for a compensation order are found guilty, and the defendant also acknowledges the fact that the amount of damage caused by 2.8 million won, the defendant is obliged to pay 2.8 million won to the applicant for a compensation order.

4. 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, and an application for compensation order filed by the applicant for compensation order is accepted pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc., and with respect to a declaration of provisional execution, it is decided as per Disposition

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