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(영문) 수원지방법원 2014.06.26 2014노95

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Recognizing the fact that the Defendant received 350 million won from G, which he received from G, has the nature of the purchase price for the I building 116, as well as the nature of the investment money for the K land, and G was aware that the 116th of the I building was not registered in the name of the Defendant, and that the Defendant did not make the registration of transfer for the 116th of the I building to G because it is due to the violation of the J contract. Therefore, the Defendant’s deception by deceiving G does not take money.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. Since the defendant asserts that he did not have taken money by deceiving the victim G by deceiving the victim G, the court below rejected the above argument in detail under the title "a judgment on the defendant's argument" in the judgment of the court below, which is the same as the grounds for appeal in this part, since the defendant's defense counsel argued that the defendant did not take money by deceiving the victim G, the court below rejected the above argument. In comparison with the above judgment of the court below, the judgment of the court below is just and acceptable, and there is no error of law that affected the conclusion of the judgment

Therefore, the defendant's above assertion is without merit.

B. Although there are favorable circumstances, such as the fact that the judgment of unfair sentencing in 2011 on the assertion of unfair sentencing should be taken into account at the same time with the case of fraud for which the judgment has become final and conclusive, the defendant has the record of criminal punishment for several crimes of this kind, the amount of the fraud of this case exceeds KRW 350 million, the circumstance where the defendant made efforts for the recovery of damage can not be found, and the victim could have suffered considerable pain due to the instant crime among the administered soldiers, and other unfavorable circumstances, such as the defendant's age, character and conduct, family environment, etc.