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(영문) 인천지방법원 2020.06.04 2020노706
사기
Text

The prosecutor's appeal is dismissed.

The defendant pays KRW 90,00 to W and X who is an applicant for compensation.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case by the prosecutor's appeal of this case is deemed to have committed fraud against many unspecified persons at a high trading site, and its nature is not good. However, the amount of individual damage is not significantly significant, considering the circumstances leading to the crime of this case, the circumstances following the crime of this case, the defendant's age, character and conduct, and other various sentencing conditions as shown in the argument of this case, such as the circumstances leading to the crime of this case, the circumstances following the crime of this case, the defendant's age, character and environment, the prosecutor's above assertion is without merit.

3. According to the evidence duly adopted and examined by the court below regarding the application for compensation order, the defendant can be found to have acquired 90,000 won from W and X, the applicant for compensation, so the defendant has a duty to pay the above money to W and X, respectively.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation filed by the applicant for compensation at the trial is with merit, and it is so decided as per Disposition by the court below, citing the application under Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc. and attaching a provisional execution

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