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(영문) 인천지방법원 2017.09.08 2017노1927
사기
Text

The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 6 million) against the Defendant is too uneased and unreasonable.

2. Although it is recognized that the Defendant continued and repeated the crime of fraud via the Internet 19 times over 19 times, in light of the fact that the Defendant was the first offender, the Defendant committed the crime of this case after leaving the country, but still, he was able to return home and live faithfully, the Defendant paid damages to some victims up to the trial, and other various circumstances that form the condition for sentencing as indicated in the record, such as the Defendant’s age, sex and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the lower court is too unjustifiable and unreasonable.

3. According to the records of the instant case regarding the determination of the applicant for compensation, the Defendant appears to have remitted the amount of KRW 234,000 to the applicant for compensation through the Defendant’s motherY account on July 17, 2017, and it is unreasonable to issue an order for compensation.

4. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation filed by the applicant for compensation is not reasonable. Thus, it is decided as per Disposition with the decision to dismiss it in accordance with Article 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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