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(영문) 대구지방법원 2014.07.04 2013노2738
사기
Text

The defendant's appeal is dismissed.

The defendant shall obtain money from the applicant for compensation 334,50 won and money from the victim D.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. In light of the favorable circumstances, such as the Defendant’s confession and confession of the instant crime, the reflective fact, the amount of damage (as approximately KRW 1.240,00), and the Defendant’s suffering from a lusence, the Defendant’s assertion is without merit, given that there was a history of punishment once (one million won) due to the same kind of crime, the Defendant’s age, character and conduct, environment, means and method of the instant crime, and the motive of the instant crime, etc., the Defendant’s punishment imposed by the lower court cannot be deemed to be unreasonable since the Defendant’s punishment imposed by the lower court cannot be deemed to be excessively unreasonable.

3. In conclusion, the defendant's appeal is without merit and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application for compensation filed by the applicant for compensation raised in the trial against the defendant is well-grounded, and the victim D, G, and F order ex officio compensation in accordance with Articles 25 (1), 31 (1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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