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(영문) 대구지방법원 2012.12.27 2012노2993
사기등
Text

The defendant's appeal is dismissed.

The Defendant paid KRW 92,00 to X, an applicant for compensation.

The above compensation order shall be.

Reasons

1. The sentence of the court below (one year of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendant has been recognized as all of the crimes of this case since the investigative agency, it is recognized that the defendant committed the crime of this case without being aware of the punishment of fines on several occasions due to the same kind of crime; the crime of this case has been repeated by the same several methods against many unspecified victims for a period of not less than one year; the amount of damage caused by the crime of this case exceeds 20 million won in light of the frequency and methods of the crime; it is difficult to find out data about the recovery of damage caused by the crime; it is hard to find out that the victims have not agreed with the victims; the victim's age, family relation, criminal record, character and conduct, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc.; thus, it is not recognized that the punishment of the court below against the defendant is too unfair. Thus, the defendant's assertion is without merit.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. Since the applicant for compensation is well-grounded, it is ordered that the defendant shall compensate for 92,00 won by deceiving X, which is the applicant for compensation, pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and it is ordered that the provisional execution be declared in accordance with Article 31 (3)

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