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(영문) 대전지방법원 2015.12.18 2015노3236

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the Defendant’s confession of the crime for the aged, and the fact that the Defendant deposited 4 million won for the victim D.

B. On the other hand, the crime of this case is a case in which the defendant deceivings the victims and defrauds the victims a total of KRW 84.4 million under the pretext of guidance, and the defendant's responsibility is not weak.

In addition, in light of the fact that victims want to be punished by the defendant because the damage recovery has not been completed up until now, it is inevitable to make a sentence that does not impose a strict liability on the defendant, and it is inevitable to make a sentence.

In addition, considering all sentencing conditions indicated in the instant case, such as the family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.