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(영문) 서울북부지방법원 2013.06.26 2013노322
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall pay damages of KRW 40,000,000 to an applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In light of the circumstances that are favorable to the Defendant, such as the fact that the Defendant led to the confession of the instant crime and the fact that the Defendant reached an agreement with the victim, but the number of victims of the instant crime are several victims, the maximum amount of damage, and the fact that most of the damage amount has not yet been recovered, etc., are disadvantageous to the Defendant.

In light of the following circumstances in light of the Defendant’s age, character and conduct, environment, motive and circumstance of the offense, means and consequence, etc., as well as the sentencing guidelines of the Supreme Court Sentencing Committee, the lower court’s sentencing is too heavy or uneasy, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since an application by the applicant for compensation is well-grounded, the defendant shall be ordered to compensate for damages of KRW 40,00,000 as agreed between the victim and the victim pursuant to Articles 25(2) and 31(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and a provisional execution is ordered pursuant to Article 3

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