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(영문) 전주지방법원 2014.01.24 2013노1310

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized in depth with the recognition of all of the crimes of this case, and it is recognized that the above victims do not want the punishment of the defendant in the original instance by mutual consent with the victim F, K and the original instance, there is no record of criminal punishment or fine heavier than that of the defendant. The crime of this case can be mitigated or exempted from punishment in consideration of equity in the case of concurrent crimes between the crime of fraud for which judgment became final and the latter part of Article 37 of the Criminal Act on July 12, 2012 and the concurrent crimes of Article 37 of the Criminal Act. It is the most favorable circumstance that the defendant must support the wife who is a second-class disabled person with further disability.

However, the crime of this case is committed by the defendant, by deceiving 15 victims, by acquiring property profits by not paying a sum of KRW 341,936,00,00, such as the cost of construction, and by deceiving the victim He along with his wife B, who is an accomplice, by taking over KRW 50,000,00 from the victim He as a loan money, and by taking such money, the amount of damage is large, and the defendant did not take any measures to recover the remaining damage up to the trial, and the balance of sentencing with the accomplices, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and the background, means and result leading to the crime of this case, and the situation before and after the crime, so it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is

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