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(영문) 수원지방법원 2013.04.11 2013노903
사기
Text

The defendant's appeal is dismissed.

The defendant shall pay 150,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year and four months) is too unreasonable.

2. The judgment of the court below is divided and contradictory to the defendant's mistake, but the amount of defraudation caused by the crime of this case is very large, the victim failed to agree with the victim up to the trial court, and the damage recovery was not made at all. The crime of this case was committed by deceiving the victim by using personal trust relationship with the victim, and the crime of this case was not committed, and all of the sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc. are not too unreasonable.

3. In 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 without merit, and the application of the applicant for compensation filed in the trial is with merit. Thus, under Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the defendant shall be ordered to compensate for the amount of KRW 150 million which is obtained by deception against the applicant for compensation and attaching a declaration of provisional execution under Article 31 (3) of the same Act.

The applicant filed an application for compensation order with respect to KRW 150 million and damages for delay, but the application for compensation is accepted only for KRW 150 million, which is the direct physical damage caused by the Defendant’s criminal act in this case.

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