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(영문) 청주지방법원 2015.10.16 2015노816

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The Defendant appears to have followed the instant crime from the early stage of the investigation to the present court and committed the instant crime in depth.

In addition, the occurrence of the crime of this case and the expansion of the damage are merely a fact that the victims who continued to lend money to the defendant without any particular confirmation of the defendant's occupation and other ability to repay the defendant's ability to pay the money.

In addition, the fact that the defendant is in a position to support his wife, 13 years of age and 4 years of age, etc. should be considered in favor of the defendant in the course of determining the punishment for the crime of this case.

However, the crime of this case is committed while the defendant does not have any particular occupation but is engaged in the supervision of motion pictures producing independent motion pictures, and after obtaining a sense from four victims, using the money exceeding 30 million won in total under the pretext of motion picture production expenses, and using it for personal debt repayment, etc. As such, the illegality of the act and the punishment of illegality as a result are not weak.

In addition, some victims have received a loan from the second financial right due to the defendant's continued demand and lent the money to the defendant, which is likely to cause a big economic suffering due to the current progress of the individual rehabilitation procedure and repayment of the loan debt.

Furthermore, the defendant only repaid only part of the above acquired amount (10%) and did not take any particular measures for recovery of the remaining damage.

In addition, the defendant has been sentenced to about 15 criminal punishment until now (including seven criminal punishment cases), and in particular, on March 21, 2013, he/she was sentenced to five months of imprisonment for larceny from the Daejeon District Court's Incheon District Court's Branch on March 21, 2013, and on July 14, 2013.