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(영문) 수원지방법원 2018.03.23 2018노75
사기등
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.

Reasons

1. The court below rejected all applications for compensation order filed by the applicant for damage compensation in the court below, except for those filed by the applicant for damage compensation in X,Y, Z, AAB, AC, AD, AE, AE, AF, AG, AJ, AI, AK, AM, and AMF, AP, AP, AS, ATR, ATS, AS, AU, AV, AW, AX, AY, AZ, BB, and BC, and those approved by the applicant F.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and this part shall be excluded from the scope of the adjudication of the relevant party.

2. The decision of the court below on the gist of the reasons for appeal (the imprisonment of two years and six months and the fine of one million won) is too unreasonable.

3. The fact that the Defendant recognized all of his mistake; in the case of each of the instant frauds, approximately KRW 10 million out of the total amount of damage was recovered; some victims do not want the punishment of the Defendant; there was no criminal history exceeding the fine of the Defendant; and the Defendant’s references endeavored to recover damage and pay attention to the Defendant’s failure to repeat the crime; and the Defendant’s preference against the Defendant is favorable to the Defendant.

On the other hand, the fact that the defendant acquired approximately KRW 35 million from an unspecified number of damage, and that the crime is not good in light of the amount of the fraud, the circumstances and contents of the crime, and that the damage to many victims still seems not to have been restored is an unfavorable condition against the defendant.

When taking into account the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s age, family relationship, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

4. Pursuant to Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Determination of Applications for Compensation Orders, the victims shall be the first instance or the second instance.

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