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(영문) 춘천지방법원 2014.10.01 2013노841

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the defendant's mistake is recognized and contradictory to the judgment, that the crime of fraud for which judgment has become final and conclusive and the crime of this case should be considered at the same time when the crime of this case was adjudicated, there is no change in circumstances in the court below. (There is no evidence to support the defendant's assertion that the defendant paid KRW 3 million to the victim C). Meanwhile, the crime of this case was committed by the defendant by actively inducing victims and receiving a sum of 40 million won from them in light of the Criminal Code and the degree of damage, etc., the crime of this case is not less weak in terms of its nature. The court below sentenced the defendant to a punishment to the defendant, who did not detain the defendant, provided an opportunity to recover damage without being detained by the defendant, and did not attend several times at the trial date even if the defendant had been given a long period of time to reach an agreement and did not recover damages properly, and there is no reason to recognize the sentencing of the defendant's argument that the above sentencing of the defendant was too unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.