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(영문) 대전지방법원 2014.05.01 2013노2635

사기

Text

Defendant

The appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of 4 million won) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the confession of the Defendant to commit the instant crime; (b) the reflection of his mistake; and (c) the fact that the Defendant is old and difficult to economic conditions

However, the crime of this case is committed by the defendant by misrepresenting the representative director of a construction company and intentionally deceiving the victim, and is not good in quality. The damage amount of this case reaches 10 million won, and the defendant paid 5 million won to the victim and promised to pay the remainder in installments, thereby failing to implement the agreement with the victim, and thus the victim wanting to be punished for severe punishment against the defendant, and there is a record of having been punished several times for the same crime similar to the crime of this case.

In full view of the equity in the case where the first head of the crime in the judgment of the court below was judged simultaneously with the crime that became final and conclusive, and other various sentencing conditions such as the defendant's age, character and conduct, environment, circumstances before and after the crime in this case, the sentence of the court below which sentenced the fine is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.