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(영문) 전주지방법원 2021.01.29 2020노1787
사기등
Text

The prosecutor's appeal is dismissed.

The defendant will pay 12960,000 won to the applicant for compensation for the trial.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (one year and four months, etc.) is too unhued and unreasonable.

2. The lower court determined the sentence by fully taking account of all the circumstances asserted by the prosecutor on the grounds of appeal.

The Defendant recognized all the crimes of this case.

It seems that the defendant's profit acquired is extremely limited to part of the amount of fraud.

In addition, even if the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, are re-examineed, the sentence of the court below is too minor.

It does not seem that it does not appear.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the applicant for the compensation order filed by AD is well-grounded, and thus, the applicant for the compensation order filed by AD is ordered to compensate the defendant by deceit pursuant to Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the applicant sought a compensation order of KRW 13 million, but the applicant is entitled to the compensation order of KRW 12.9 million among the criminal facts of this case, as the fraud of the applicant is limited to KRW 12.9 million, this part is cited) and the above compensation order is ordered to be provisionally executed pursuant to Article 31 (3) of the same Act.

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