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(영문) 대전지방법원 2019.01.30 2018노3352

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and eight months of imprisonment with prison labor and two months of imprisonment with prison labor with prison labor with respect to the crime No. 2 of the decision in the judgment of the court below for the crime No. 1) is too unreasonable.

2. It is recognized that the defendant made a confession of all crimes and agreed with the victim E in the first instance, the crime of the second crime as indicated in the holding of the court below should consider equity with the case of judgment at the same time as the criminal facts in the judgment of the court below, and that part of the amount equivalent to interest has been paid to the victim B.

However, in full view of the following circumstances: (a) the amount of damage to the victim B is a maximum of KRW 138 million; (b) not only used personal trust relationship with the victim B; (c) the amount of damage to the victim E is high; (d) the amount of damage to the victim E is up to KRW 18.9 million; (c) the amount of the crime against the victim B was committed by the same multiple methods as before the period of repeated crime; and (d) other circumstances, such as the motive, means, and consequence of the crime; and (e) the circumstances after the crime, etc., which are the conditions for the sentencing specified in the lower court’s sentencing deliberation process, the lower court’s sentencing is too too unreasonable, and thus,

3. As such, 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.