(영문) 수원지방법원 2014.12.11 2014노1264 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.12.11 2014노1264

사기

Text

The defendant's appeal is dismissed.

The defendant shall pay 27,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court's imprisonment (six months of imprisonment) is too large;

2. Although considering the fact that the defendant recognized his mistake as to the grounds for appeal by the defendant, the fact that the defendant paid part of the money to the victim as interest, etc., the amount obtained by the defendant is not so big that the victim is economically difficult due to the crime of this case, the defendant seems to have not actively endeavored for recovery of damage even though he received a considerable amount of construction cost through removal and remodeling construction, etc., the defendant did not reach an agreement with the victim, and the defendant was not subject to embezzlement for business on October 2005, and there was a history of punishment of a fine as a crime of fraud around January 201, 201, the defendant was punished as a crime of embezzlement for business, and there was a history of past conviction, other than that, the defendant's age, character and behavior, the circumstances, means and results of the crime, and the circumstances after the crime, etc., it cannot be deemed that the punishment of the court below is too unreasonable in light of all the sentencing conditions as shown in the records and arguments of this case.

3. Since an application for a compensation order filed by the applicant for compensation at the trial court for the determination of the application for a compensation order at the trial court is well-grounded, an order for payment of KRW 27,00,000 shall be issued to the accused in accordance with Article 25(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. and attaching a sentence of provisional execution in accordance

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for compensation order by the applicant for compensation by the trial court is justified and it is so decided as per Disposition.

참조조문

-소송촉진 등에 관한 특례법 제25조 제1항

-형사소송법 제364조 제4항

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