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(영문) 서울동부지방법원 2015.08.20 2015노735
사기
Text

The defendant's appeal is dismissed.

The defendant is 35,00,000 won and the applicant for compensation to L who is the applicant for compensation.

Reasons

1. The summary of the grounds for appeal is too unreasonable for one year and six months, which the court below sentenced to the defendant.

2. As to the grounds for appeal, there are extenuating circumstances, such as the confession of all the crimes and the misunderstanding of errors, the primary offender, the measures to care for the disabled children, and the repayment of some principal or interest to some victims.

On the other hand, however, the Defendant acquired large amounts of money exceeding KRW 250 million from many victims over a long period of time, and the victims wish to punish the Defendant because most of the damages have not been repaid, and examining the conditions of sentencing prescribed in Article 51 of the Criminal Act including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendant is appropriate and it does not seem unreasonable.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and each application for compensation filed in the trial is reasonable, and thus, the defendant's application for compensation is accepted pursuant to Articles 25 (1) 1 and 31 (2) and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It

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