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(영문) 서울중앙지방법원 2014.04.03 2014노84
사기
Text

The defendant's appeal is dismissed.

The defendant shall pay 335,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendant invested a large amount of money including the instant loan to a third party, but suffered damage by deception; (b) the Defendant established a collateral security on the building owned by the parent of the Defendant; (c) the Defendant did not have any specific penal power except for one-time fine; and (d) the Defendant recognized the instant crime and reflects in depth, etc., the Defendant’s imprisonment (one year and six months) is too unreasonable.

2. In light of the above-mortgage, considering the fact that the sum of the amount obtained by deception of this case reaches KRW 349,00,000,00, the victim’s damage is still deemed to be reasonable even if considering the above-mortgage, and in full view of all the sentencing conditions as shown in the argument of this case, including the Defendant’s age, character and conduct, the background and consequence of the crime of this case, and the circumstances after the crime, it cannot be said that the lower court’s punishment is too unreasonable even if considering the circumstances of the Defendant’s assertion

3. According to the conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for remedy order by the applicant for compensation is accepted pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. However, the "35 million won" in the application for remedy order shall be deemed as the "35 million won in clerical error", and the provisional execution of the above compensation order shall be declared in accordance with Article 31 (3) of the Act on Special Cases Concerning Special Cases.

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