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(영문) 수원지방법원 2014.10.02 2014노2884
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 (four years of imprisonment) by the lower court is too unreasonable.

2. In full view of various circumstances, including the fact that the amount of damage caused by the instant crime was not recovered from damage even in the name of KRW 396,300,000 on the Defendant’s assertion of unfair sentencing, and the victims still want to be punished against the Defendant, and the Defendant committed the instant crime during the suspension of the execution of imprisonment with prison labor due to the criminal act committed by a similar method, and the Defendant committed the instant crime during the suspension of the execution of the execution of imprisonment with prison labor, and the Defendant committed the same criminal offense, three times the criminal convictions in the same manner as the Defendant committed the same type of fraud, and other various conditions on the sentencing conditions, including the Defendant’s age,

3. Although the applicant for compensation seeks to pay the amount obtained by deceitation against the accused, the applicant for compensation is already dismissed by the original judgment, and pursuant to Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the same application for compensation cannot be filed again against the judgment dismissing the application for compensation.

4. In conclusion, the defendant's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the defendant's appeal is dismissed in accordance with Article 32 (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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