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(영문) 대전지방법원 2013.05.01 2013노338

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (unfair punishment) and that the victim E does not want the punishment against the defendant, the punishment sentenced by the court below is too unreasonable (eight months of imprisonment).

2. It is recognized that the judgment is against the defendant, the victim E does not want punishment against the defendant, and the defendant does not have the same criminal record.

However, the crime of this case was not established even when the commencement of construction of the solar power plant was not confirmed, and the defendant had no authority to transfer the funeral business to the victims, and caused the victims to be informed of the victims of the right to receive funeral business, and received KRW 15 million from the victim F, in other words, from the victims E, and received KRW 30 million from the victim E, respectively. The victims who actively presented the funeral business transfer to the victims who are operating the funeral business, and it is not good to commit the crime in light of the relevant methods. The defendant presented the funeral business transfer to the victims, which was about four years after the occurrence of the crime of this case, and the damage was not recovered from the victims due to the failure to pay the above money to the victims at all, and the victim was present in the court below and did not want to have the right to receive funeral business, and the defendant did not want to be punished as a witness in the crime of this case, considering the circumstances that the defendant did not want to be punished before and after the crime of this case.

3. Thus, the defendant's appeal is without merit.

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