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(영문) 대전지방법원 2015.09.10 2015노1687

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the confession of the crime of this case was made by the defendant; (b) the depth of his mistake was divided; (c) the damage to the crime of this case was presumed to have been restored to a considerable portion by the deposit for the victims; and (d) the first offender who has no record of criminal punishment.

However, this case is a case where the defendant acquired a large amount of money equivalent to 5,733,00 won from the parents of students who want to learn her bad faith for a long time, and there is a high possibility of criticism because not only monetary damage to the victims, but also the victims' children cannot be converted into money, such as an opportunity to choose appropriate education, etc. The defendant did not agree with the victims, and the victims want to be punished strictly, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., such as the defendant's age, character and behavior, environment, motive, means and consequence before and after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court, and there is no evidence newly presented in the course of the trial of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

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