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(영문) 수원지방법원 2015.03.13 2014노7390
사기
Text

The defendant's appeal is dismissed.

The defendant shall pay 37,00,000 won to the applicant for compensation by deceit.

(e).

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Circumstances are favorable to the defendant that the defendant made a confession and reflects all of the crimes of this case.

However, in full view of the following circumstances: (a) the Defendant deceptioned many victims as a means of deceiving the sale of the land for countermeasures against life; (b) the sum of the fraud amount is not much significant; (c) the criminal records of criminal acts subject to a summary order of a fine of KRW 3 million in the past real estate trade brokerage; (d) the victims have not been paid any damage to the victims up to the trial; and (e) other conditions of sentencing indicated in the records, such as the Defendant’s character and conduct, age, family relationship, motive and background of the crime, means and consequence of the crime; and (e) the punishment imposed by the lower court is too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed as it is without merit, and the application for remedy order by the applicant for compensation shall be accepted under Articles 25 (1) and 31 (1) through (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings for Reasons. It is so decided as per Disposition.

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