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(영문) 의정부지방법원 2014.11.05 2014노1319
사기등
Text

The defendant's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds of appeal, and purport of application for compensation;

A. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

B. The Defendant shall pay to the applicant for compensation 25,212,00 won with 20% interest per annum from the day following the day when the order for compensation of this case became final and conclusive to the day of complete payment.

2. Determination

A. We examine the judgment on appeal. The circumstances favorable to the defendant, such as the confession of each of the crimes in this case and the statement that the defendant is divided, and the defendant's health appears to be not good.

On the other hand, each of the crimes of this case has been committed by the defendant two criminal records, the defendant committed each of the crimes of this case during the period of suspended punishment due to the same crime, the defendant committed the crime of this case during the period of suspended punishment due to habitual fraud, the defendant committed the crime of this case repeatedly against victims for a considerable amount of time, the damage amount to be 26,50 million won, the defendant committed the crime of this case by forging the private document under the name of the insurance company, by exercising the victim C, and sending the victim F a false text message called the court's expression of false statement to the court, and each of the crimes of this case has been committed. The crime of this case has been committed with very poor criminal law, most of the criminal proceeds were used as gambling funds, and most of the criminal proceeds have not been recovered, and the victims of fraud want to be punished by the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive and background of each of the crimes of this case, means and results thereof, circumstances after the crime, criminal records and family relations, etc., the sentence imposed by the court below is appropriate and unreasonable. Thus, the defendant's assertion is without merit.

B. We examine the judgment on the application for compensation, the police of C.

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