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(영문) 대전지방법원 2015.08.27 2015노1521

사기

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (two years of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against his/her own mistake; (b) the equity with the case where the judgment was rendered concurrently with the offense of violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.); (c) the Defendant’s wife and the offender wanting to take the Defendant’s wife against the Defendant; and (d) it is difficult to deem that the Defendant took

However, in light of the following: (a) the amount obtained by deception through the instant crime exceeds KRW 400 million; (b) the criminal liability is heavy; (c) the Defendant has been punished several times due to the instant crime; (d) the Defendant did not agree with the victim; and (e) the Defendant did not change the circumstances to change the sentence after the sentence of the lower judgment was issued; and (e) other various sentencing conditions, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) all the sentencing conditions such as the circumstances after the crime, etc.

3. 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. It is so decided as per Disposition.