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(영문) 수원지방법원 2014.02.13 2013노5841
사기
Text

All appeals by the prosecutor and the defendant are dismissed.

The defendant shall pay 520,000 won to M who is an applicant for compensation.

3.2

Reasons

1. The prosecutor and the defendant asserts that the sentencing of the court below (one year and six months of imprisonment) is too minor or unreasonable.

2. According to the records, the issue and the nature of the crime are not easy in light of the following: (a) the Defendant was sentenced to a suspended sentence and imprisonment twice for a criminal offense committed by fraud via the Internet; (b) the Defendant again committed the instant crime during the period of repeated crime; (c) the frequency of the crime reaches 29 times; and (d) the total amount of damage exceeds KRW 13 million.

However, in full view of the fact that the defendant supports a young child while serving as public interest service personnel, the benefit acquired by the crime is used as living expenses, etc., and other circumstances such as the defendant's age, character and behavior, family environment, and criminal history, the sentencing of the court below is considered appropriate.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. Since the application for a compensation order by M who is the applicant for compensation is well-grounded, it is accepted in accordance with Articles 25(1) and 31(1), (2), and (3) of the Act on Special Cases Concerning Promotion, etc.

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