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(영문) 인천지방법원 2016.03.31 2016노179
사기
Text

The defendant's appeal is dismissed.

The defendant will pay 18,200,000 won to the applicant G.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. It is recognized that the defendant confessions the defendant and reflects the mistake, and the victim C's damage has been partially recovered.

However, the Defendant committed the instant crime against the victims without being aware of during the period of suspension of execution due to the same type of fraud.

The total amount of damage reaches approximately KRW 80 million, and the victims have not been recovered properly, so the victims want to be punished for severe punishment.

In full view of such circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable, as it is 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. The applicant G's application for compensation order is accepted in accordance with Article 25 (1) and Article 31 (1) through (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and since the scope of compensation liability is not clear, it is recognized that the application for compensation order filed by the applicant C is inappropriate to issue a compensation order in the criminal procedure, and it is so decided as per Disposition by the assent of all participating Justices.

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