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(영문) 수원지방법원 2018.11.01 2018노5455
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall be 42,80,000 won by fraud to the applicant D.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (two years of imprisonment) against the Defendant is too heavy or (two years of imprisonment) it is too heavy.

2. The defendant recognized all the crimes and repented of his mistake when he was found to be guilty.

The Defendant had no record of crime prior to the instant case.

The defendant seems to have paid some of the money as principal or interest.

On the other hand, in light of the contents and methods of crimes, the number of victims and the amount of damage, etc., the victims did not reach an agreement, and most damage have not been recovered.

In addition, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various circumstances that form the conditions for the sentencing specified in the arguments of this case and the records, such as the circumstances after the crime, and the sentencing guidelines [the scope of the recommended punishment] under the criteria for sentencing [the scope of the recommended punishment] and the basic area (2 years to 6 years) of the basic area (the sum of the amount of profit) (the sum of 50 million won, 5 billion won, 5 billion won, and 2 years to 6 years): In full view of the two cases where there is no special person subject to sentencing] as a result of the combination of identical types of competition, the court below's sentencing is too heavy or it is unfair because it is flick.

The defendant and the prosecutor's assertion are without merit.

3. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and since the applicant D's application for compensation for the applicant for compensation is well-grounded, it is ordered to pay 42,80,000 won to the defendant under Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Compensation to the applicant D's application for compensation, and a provisional execution is attached to the above order pursuant to Article 31 (3) of the same Act. Since the applicant J's application for compensation order was made after the closure of pleadings, it shall be dismissed pursuant to Articles 32 (1) 1 and 26 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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