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(영문) 대구지방법원 2020.06.11 2020노822
사기등
Text

The defendant's appeal is dismissed.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (the first offense: imprisonment with prison labor for 10 months, and the second offense: imprisonment with prison labor for 8 months) by the court below is too unreasonable.

2. Determination

A. Although it is recognized that the defendant recognized the facts charged in the instant case and reflected his mistake in the judgment on the assertion of unfair sentencing, it is not reasonable to view the defendant's argument that the crime of the instant case is not well-grounded, such as taking the victims by deceiving about KRW 90,00,00 by many false statements, and the damage caused by the instant crime was most not recovered, and some victims wanted to punish the defendant, and the defendant has a criminal record on one occasion of suspended sentence of imprisonment due to the same fraud, and other conditions of sentencing as shown in the instant records and arguments, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable. Thus, the defendant's argument is without merit.

B. On the Defendant’s judgment on the application for a remedy order, B, the applicant for remedy, and the delay damages therefor, and I, the applicant for remedy, respectively, seek the payment of KRW 21,00,000,000 and the delay damages.

However, since the defendant appears to have discharged part of the amount acquired by deceit to the above applicant (the part of the application amount for compensation order of B is irrelevant to the amount obtained by deceit amount in the crime of this case) and it is not reasonable to apply for compensation order of the above applicant for compensation since the scope of the defendant's liability is not clear.

3. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the defendant's application for compensation order is dismissed pursuant to Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is so decided as per Disposition

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