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(영문) 대전지방법원 2018.07.05 2018노1334
사기
Text

The defendant's appeal is dismissed.

The defendant shall receive 6.8 million won from the defendant to the applicant S, and the applicant AC for compensation.

Reasons

1. Summary of the grounds for appeal: The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. The lower court’s judgment on the grounds of appeal determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable because it is too unreasonable.

3. Since the defendant's judgment on each application for compensation recognized that he/she had a debt of KRW 6.8 million against the applicant S through a letter of conduct and KRW 2.88 million that he/she seeks against the applicant S, the defendant is obligated to pay the above compensation to the above applicant pursuant to Article 25 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc.

4. 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. Since the applicant's application for compensation is well-grounded, the defendant's application for compensation is decided to accept it in accordance with Articles 25 (1) 1, 31 (1), 31 (2), and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of

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