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(영문) 서울동부지방법원 2013.07.05 2013노473
사기
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) there is no criminal history of the same kind as this case; (c) there is no other criminal records other than criminal punishment twice a fine; and (d) the victims are suffering from damage by taking advantage of an excessive desire to obtain high interest income in a short period; (b) the Defendant is a crime by taking advantage of a large amount of money equal to KRW 360 million from three victims; (c) the remainder of purchase of forest land and the registration expenses are used for a personal purpose other than the borrowed name; and (d) most of the KRW 300 million borrowed from the victim D are used for the remainder of purchase of forest and/or registration expenses; and (e) there is little little amount of damage recovery regardless of a large amount of damage; and (e) other circumstances such as motive and circumstance leading up to the instant crime; (e) the Defendant’s age and circumstances before and after the commission of the crime; and (e) the Defendant’s age, character, environment, occupation, family relationship, etc.

3. An applicant for judgment on the application for a compensation order filed against the Defendant at the trial court. However, according to the records, the above application for a compensation order was made on June 1, 2013, which was after the closing of argument in the trial, and the fact that the application was rejected (No. 2013 early 249) after having already filed an application for a compensation order with the same content in the court below. Thus, pursuant to Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the same application for a compensation order cannot be filed again against the judgment dismissing the application for compensation. Thus, either a mother or the above application for a compensation order is unlawful.

4. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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