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(영문) 수원지방법원 2014.10.23 2014노4718

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant of the summary of the grounds for appeal is too unreasonable (6 months of imprisonment with prison labor for the crimes of 2013 Godan4905 decided in the original judgment and 4 months of imprisonment with prison labor for the crimes of 2014 Godan338 decided in the original judgment).

2. The judgment was rendered on May 10, 2012 when the defendant made a confession of all the crimes, the fact that the defendant agreed with the victim G, and the defendant was sentenced to imprisonment with prison labor for six months at the Suwon District Court on May 10, 2012 and two years of suspension of execution, and the judgment became final and conclusive on May 18, 2012. On September 11, 2013, the same court was sentenced to imprisonment with prison labor for six months and two years of suspension of execution as a crime of fraud, and the judgment became final and conclusive on April 1, 2014. The crime of the above final judgment and the fact that the punishment for the above crime should be determined at the same time in consideration of equity, etc. is favorable to the defendant.

On the other hand, the defendant had been punished several times, including the previous convictions sentenced to the suspended sentence of imprisonment due to the criminal act of fraud. The crime of this case was committed by the defendant who was in a relationship with the victim D with the above victim D by acquiring a large amount of money from the above victim by using a trust relationship (the original judgment 2013Dadan4905) and by introducing counsel from the victim G who was in a poor situation after being investigated by an investigative agency (the original judgment 2014No338 of the original judgment), and the crime of arbitrarily embling the introduced attorney fees received from the victim G at will (the original judgment 2014Da3338 of the original judgment). The crime was committed on August 11, 2010. The defendant was sentenced to imprisonment with prison labor for one year or more and the suspended sentence 2010 after the judgment became final and conclusive on December 23, 2010.