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(영문) 서울서부지방법원 2014.03.28 2013노1460
사기
Text

1. The defendant's appeal is dismissed;

2. The Defendant shall pay the applicant for compensation the amount of KRW 400 million.

3. This.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below (two years and six months of imprisonment) is too heavy;

2. Determination of the grounds for appeal of this case is favorable to the defendant, such as the fact that the defendant made a confession of all of the crimes of this case and seriously reflects the defendant, that there was no record of punishment for the same kind of crime, and that there was only a record of fine, and that the amount he acquired out of the amount of damage of KRW 400 million is about KRW 80 million.

However, if we examine the role of the defendant in the crime of this case, motive, means, circumstances before and after the crime of this case, the age, character, experience, environment, etc. of the defendant's participation in the crime of this case, it is deemed that the sentence of the court below is heavy, and the above argument by the defendant is without merit.

3. According to the conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless, and the application for compensation order by the applicant for compensation is accepted pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and the decision is delivered as per Disposition by applying

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