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(영문) 수원지방법원 2018.02.12 2017노8751
사기
Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. As to the grounds for appeal, the Defendant appears to have expressed an attitude of acknowledging and opposing his mistake, and agreed with the victim C. Since the crime of this case and the crime of fraud in the previous conviction stated in the judgment of the court below are in the relation of concurrent crimes by the latter part of Article 37 of the Criminal Act, there are favorable circumstances such as sentencing and sentence considering equity at the same time.

On the other hand, this case, however, by deceiving the victims and deceiving them total of KRW 294 million as investment money, is not less than the nature of the crime in light of the contents and results of the crime, and the amount of fraud, and not yet agreed with the victim B.

In addition, even before the crime of this case was committed, the defendant was sentenced to the suspension of the execution of imprisonment for the same crime, and there are several criminal records of the same kind.

In light of the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below is too unreasonable since it is too unreasonable. Thus, the above argument by the defendant is without merit.

3. According to Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits as to Compensation Application, the victim shall file an application for compensation before the closure of pleadings at the court of first instance or the court of second instance. Since the applicant’s application for compensation was filed after the closure of pleadings at the court of first instance, the application for compensation in this case is accompanied by the law.

4. 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. Since the defendant's application for compensation is unlawful, it is decided to dismiss it in accordance with Article 32 (1) 1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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