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(영문) 전주지방법원 2014.05.14 2014노164
사기
Text

The defendant's appeal is dismissed.

The defendant against D and G 30,000,000 won, respectively, and against this, on December 2, 2009.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is against all of the crimes of this case, but the defendant committed the crime of this case during the period of probation, and has the record of being sentenced to a fine for fraud, and even though the total amount of fraud of this case was a large amount equivalent to 60 million won, the payment of damage was not made at all, and considering all the circumstances that are conditions for sentencing, including the defendant's age, character and behavior, living environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable.

3. According to the 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 groundless, and since the applicant for compensation is well-grounded, Article 25 (1) and Article 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., it is ordered that the defendant shall pay to D and G a compensation applicant for compensation the amount of KRW 30 million by deceit, and damages for delay calculated at the rate of 5% per annum from December 4, 2009 to the date of full payment. It is so decided as per Disposition by attaching a declaration of provisional execution pursuant to Article 31 (3) of the same Act.

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