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(영문) 창원지방법원 2013.06.21 2012노2216
사기등
Text

The defendant's appeal is dismissed.

The defendant pays 49,00,000 won to an applicant for compensation.

The above order shall be.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Although there are no circumstances that can be considered in light of the circumstances, such as the fact that the defendant recognized each of the crimes in this case as to the grounds for appeal of this case, and that the defendant is judged as disabled class 2 due to chronic renals, etc., the amount obtained by deceit or embezzled by the defendant is not much sufficient, the defendant did not make efforts to recover damage up to the trial, and the defendant did not make efforts to recover damage, in full view of equity with criminal punishment for other crimes similar to each of the crimes in this case, as well as the defendant's age, character and conduct, environment, motive and circumstance of each of the crimes in this case, and all of the sentencing conditions in this case, such as the circumstances after the crime, it is difficult for the court below to find that the above

3. Since an application for a compensation order filed by an applicant for compensation at the trial in the judgment of the trial on the application for a compensation order is well-grounded, an order to pay KRW 49,00,000 to the applicant for compensation pursuant to Articles 25(1), 31(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., but attaching a declaration of provisional execution pursuant to Article 31(3) of the same Act.

4. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit, and the application for compensation order by the applicant for compensation is accepted and it is so decided as per

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