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(영문) 대전지방법원 2016.01.08 2015노3358

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Determination

A. Although there are extenuating circumstances, such as the fact that the Defendant did not have a previous criminal record or imprisonment for the same kind of crime, confession and reflects the crime, and the fact that part of the damage was restored, the crime of this case is not likely to be a crime with a large amount of money that the Defendant complained of his economic difficulties, and obtained by deceiving the neighbor from the total amount of KRW 79 million, and it does not change, and even runs away for a long time without any agreement with the victims. In light of the above, the Defendant’s responsibility is not less complicated.

B. In light of the Defendant’s age, family relation, living environment, motive, details and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is adequate.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.