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(영문) 창원지방법원 2018.04.25 2018노338
사기등
Text

The defendant's appeal is dismissed.

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

Reasons

1. Sentencing sentencing with the summary of the grounds for appeal (the sentence of the lower court: 2017 high-ranking 1034; 10.10 months; 2 years, respectively, for each crime set forth in the lower court’s order 1722);

2. The lower court determined that: (a) with respect to fraud as indicated in the judgment of the lower court 2017 senior group 1034, the Defendant paid 52 million won to the victim; and (b) with regard to concurrent crimes after Article 37 of the Criminal Act, the crime of the record of the crime in the judgment and the crime of the latter part of Article 39(1) of the Criminal Act, consideration should be given to equity with the case where the above judgment is rendered concurrently with the crime established pursuant to Article 39(1) of the Criminal Act; (c) with regard to each crime of the first part of Article 2017 senior group 1722 of the Criminal Act, the Defendant actively committed deceptive acts; (d) it is not good that the Defendant prepared and shown a false real estate transaction contract for deceiving victims to receive money from victims; and (e) the Defendant committed each of the crimes of this case during the period of repeated crime of the same type of fraud; and (e) it is against the Defendant’s recognition of each of the crimes of this case; and (e.

The grounds for the improper sentencing alleged by the defendant (the confession and reflect of the defendant, the fact that the court actually repaid KRW 100 million to the J and completed the recovery of damage, and the purport of concurrent crimes after Article 37 of the Criminal Act, etc.) are shown to be the reasons that the court below already considered in determining each punishment against the defendant, and that the above conditions of sentencing have changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. Determination of an application for a compensation order;

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