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(영문) 서울중앙지방법원 2013.11.27 2013노3600
사기등
Text

The defendant's appeal is dismissed.

The defendant shall pay 800,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. Although the judgment of this court does not have the criminal records of the defendant subject to a suspended sentence or heavier punishment prior to the crime of this case, and there are circumstances that should be taken into account the balance between the crime of fraud, etc. for which judgment has become final and conclusive and the case of this case at the same time, the defendant has the records of being punished for a similar crime, each of which has not yet been agreed with the victims, and the amount of fraud or embezzlement of this case, the defendant's age, character and behavior, character and environment, family relationship, the motive, means and consequence of the crime of this case, the motive of the crime of this case, the circumstances after the crime of this case, and the risk of recidivism, and it is difficult to see that the sentence of imprisonment with prison labor of the first instance court for eight months is too unfair. Thus, the defendant's argument disputing this point is not acceptable.

3. According to the conclusion, the defendant's appeal is not accepted in accordance with Article 364 (4) of the Criminal Procedure Act (see Article 25 (1) and Article 31 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).

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