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(영문) 수원지방법원 2015.06.12 2015노1265
사기
Text

The defendant's appeal is dismissed.

All applications filed by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. It is reasonable to consider the Defendant’s assertion in favor of the following: (a) the confession and reflect of the Defendant’s assertion; (b) the Defendant has no criminal record exceeding the fine; and (c) the degree of KRW 760 million out of the amount of damage was recovered.

However, even if the amount of fraud exceeds KRW 1.140 million and the defendant's assertion is based on the defendant's claim, the damage remains as it remains at least KRW 300 million (limited to the amount claimed by K, C and H as an applicant for compensation, which remains at least KRW 400 million), and as a result, the victims seem to suffer a considerable economic suffering, etc., in light of various sentencing conditions such as the defendant's age, character and behavior, environment, criminal records, motive, means and consequence of the crime, degree of damage, etc., the punishment imposed by the court below is too unreasonable.

B. It is not reasonable to issue an order for compensation, as the scope of Defendant’s liability is not clear, as the principal remaining without repayment to the applicant for compensation is not determined as of the determination on the application for compensation.

3. In 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 without merit, and the application of the applicant for compensation is dismissed in accordance with Article 32 (1) 3 and Article 25 (3) 4 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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