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(영문) 서울중앙지방법원 2019.05.02 2019노270
사기
Text

The defendant's appeal is dismissed.

The defendant is an applicant for compensation of 300,000 won and 300,000 won, respectively, to the B Q and AU.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the lower court’s punishment (two years of imprisonment) against the Defendant is too unreasonable.

2. The decision on the grounds of appeal was made by the Defendant, despite the fact that the Defendant had been subject to punishment for the same kind of crime, again committed a second offense at the time of release and two months, even if some victims were to receive the pertinent investigation, the Defendant committed a continuous crime even when 40 victims reached 40 persons and a considerable number of victims have not been recovered (the same shall also apply where payment was made to seven victims as the Defendant claimed). Other circumstances that form the conditions for sentencing, such as the period, method of the instant crime, the method of the crime, the amount of profit from the crime, the motive of the crime, the motive for the crime, the circumstances after the crime, the age, character and conduct, the environment, family relationship, economic situation, etc., do not seem to have any heavier punishment on the Defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

Since the application for compensation filed in the trial for the applicant for compensation is well-grounded, it is ordered that the defendant pay 300,000 won, 3350,000 won, 350,000 won, and 350,000 won, respectively, to the B Q and AU as the applicant for compensation, in accordance with Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and provisional execution is attached to the above compensation order pursuant to Article 31(3) of the same Act

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