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(영문) 전주지방법원 2014.01.29 2013노1388

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the fine of KRW 7,00,000) 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 that the defendant recognized the crime of this case and is pening in depth, and that the defendant remitted KRW 4,00,000 to the victim at the investigation stage and has recovered part of the damage.

However, when the defendant acquired money from the victim in the name of the borrowed money and was arrested in another case, the crime of this case was committed by additionally obtaining money from the victim as a result of debt repayment from the victim, and the nature of the crime and the criminal intent are not good, the amount of the fraud of this case is a considerable amount of KRW 22.1 million, and the defendant did not take any measures to recover the remaining damage up to the trial, and in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., it is not recognized that the court below's punishment is too excessive and unfair. Thus, the defendant's assertion of unfair sentencing is without merit.

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