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(영문) 서울동부지방법원 2014.11.13 2014노1072

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is against the Defendant’s depth to commit the instant crime, which resulted in significant damage to friendly relatives, and efforts are made to reach an agreement. The punishment imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. The judgment was based on the following facts: (a) the Defendant was the first criminal who had no previous criminal record; and (b) the Defendant led to a traffic accident against the victim who had a pro-friendly sexual intercourse for more than two years; or (c) the Defendant committed a traffic accident against the victim who has a pro-friendly sexual intercourse.

In addition to the amount of damage in the instant crime confirmed, it seems that the damage suffered is much larger than the amount of damage incurred by the victim in addition to the amount of damage in the instant crime confirmed, the Defendant transferred only 29 million won into the victim's account in the course of investigation to the victim's account and did not contact the victim separately or do so. Considering that the victim did not have proper damage reimbursement or punishment from the investigator to the trial, considering that the victim did not abuse the victim's good faith, as well as the victim's motive and behavior, the victim's motive and behavior should be reversed, the victim's motive and behavior should not be found.

The defendant's assertion of unfair sentencing is justified.