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(영문) 인천지방법원 2016.12.21 2016노3880
사기
Text

The defendant's appeal is dismissed.

Defendant 109,300,000 won to the applicant for compensation, and 70,000 to the applicant for compensation.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) imposed by the court below is too unreasonable.

2. The judgment of the court below denied each of the crimes of this case in the court below, and the defendant led to the confession and the misunderstanding in the court below. However, considering no other objective change in circumstances that could consider sentencing after the judgment of the court below, and the various conditions of sentencing specified in the records and arguments, the court below’s punishment is too unreasonable even considering the circumstances in which the defendant asserts as the grounds for appeal.

3. According to the records of the judgment as to the application for compensation order, it is recognized that each criminal facts committed by the defendant against the applicant for compensation are guilty, and that the amount obtained by the defendant against the applicant for compensation shall be KRW 19.3 million, the amount obtained by defraudation against the applicant for compensation, KRW 70 million, and the amount sought by the above applicant for compensation out of the amount of damages not recovered to the N who is the applicant for compensation, which is KRW 19 million (the amount claimed by the above applicant for compensation out of KRW 46 million minus the amount of KRW 25 million in the original judgment from the amount of KRW 46 million).

Therefore, pursuant to Article 25(1)1 and Article 31(1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the defendant ordered the applicant for compensation to pay the amount of KRW 19.3 million to the applicant for compensation, KRW 70 million to M, and KRW 19 million to the applicant for compensation, and the provisional execution is declared.

4. In conclusion, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and each applicant for compensation is ordered to order compensation and a provisional execution order as above. It is so decided as per Disposition.

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