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(영문) 대전지방법원 2014.08.21 2014노41
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year 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 where the amount of fraud by the Defendant and the prosecutor’s assertion of unfair sentencing exceeds KRW 300 million, and the victim seems to have suffered significant economic and mental damage, and even if the damage has not been recovered, considering the favorable circumstances that consider equity in the case of receiving a judgment together with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which the judgment has become final and conclusive, and taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is deemed to be appropriate, and it cannot be deemed that

3. Although an applicant for compensation applies for compensation equivalent to the amount of fraud against the accused, it is recognized that it is not reasonable to issue an order for compensation since the scope of liability for compensation is not clear because the applicant for compensation appears to have recovered part of the amount of damage as the name of profit, etc. (Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). 4. Thus, each appeal filed by the accused and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation is dismissed in accordance with Article 32(1) of the Act on Special Cases Concerning the Promotion, etc.

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