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(영문) 서울동부지방법원 2017.12.14 2017노1312
사기
Text

The defendant's appeal is dismissed.

The defendant shall be liable to the applicant C for the damage KRW 7,750,000, and he shall be liable to the applicant B.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. Reviewing all of the sentencing conditions stated in the pleadings of the instant case, such as the fact that only part of the damage suffered by the victims of the judgment on the grounds for appeal was recovered, and the Defendant’s age, sex, family environment, the background and result of the instant crime, and the subsequent circumstances, the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion is without merit.

3. Since the defendant's charges against the applicant for compensation order are found guilty, the compensation amounting to KRW 7,750,00,000, which the applicant C acquired by the defrauded, and KRW 14,150,000, which the applicant B sought, and the provisional execution thereof shall be ordered within the scope of the conviction.

4. According to the conclusion, the appeal of this case by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit. Since each application for compensation order by the applicant is well-grounded, each application for compensation order is accepted in accordance with Articles 25(1) and 31(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and with respect to the declaration of provisional execution, it is so decided as per Disposition by applying Article 31

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