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(영문) 대구지방법원 2018.08.17 2018노1440
사기등
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the imprisonment of six months, the suspension of execution of two years, and the community service order 120 hours) is too unreasonable.

2. In full view of the circumstances that are favorable to the defendant, including the fact that the defendant recognized the crime of this case as well as returned part of money to the victim D, and the fact that the defendant committed each of the crimes of this case without being subject to a fine even though he was sentenced to a violation of the Act on the Registration of Loan Business and the Protection of Financial Users, and the fact that the defendant committed the same crime, which are disadvantageous to the defendant, and other circumstances shown in the records and arguments of this case, such as the defendant's age, sex, behavior, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., the sentence imposed by the court below is appropriate, and the judgment of the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

3. An order for compensation pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Application for Compensation Orders is a system that seeks to seek prompt and convenient recovery of damage suffered by a victim by ordering compensation to the accused only when the amount of direct property damage suffered by the victim is specified and the scope of the liability for compensation of the accused is evident. According to Article 25(3)3 of the Act on Special Cases Concerning the Settlement of Disputes, if the existence or scope of the liability for compensation of the accused is unclear, the order for compensation shall not be issued, and in such a case, the application for compensation order shall be dismissed pursuant to Article 32(1) of the said Act.

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