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(영문) 대구지방법원 2015.01.08 2014노3703

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant’s mistake was divided and reflected; (b) the economic situation was not good; and (c) the Defendant’s wife paid KRW 5 million to the victim J on July 31, 2014; and (d) the Defendant’s wife paid KRW 5 million to the victim J.

However, the defendant has been punished three times in the course of fraud and embezzlement, and the defendant has been punished one time in the course of embezzlement, and the defendant stolen other goods and embezzled the price of supplied goods by neglecting surveillance of the victim E while working in an enterprise operated by the victim E, and even if the above facts were discovered and ceased to work, it is not good that the crime is committed by embezzlement of the purchase price of food materials taken custody of money by deceiving the victim J who entered into a partnership with the above victim's business relationship, and the defendant should be considered to have paid damages to the above victim. However, the defendant argued that the defendant should be considered to have paid 12 million won, remitted in the name of warehouse rent to the victim J, because he was in a partnership with the above victim before he committed a crime against the victim J. However, even if the defendant invested in money, the defendant's assertion cannot be accepted, and even if so, the amount of damage that the defendant did not recover to the victims exceeds 40 million won, etc., which are disadvantageous to the defendant.

In full view of these circumstances, Defendant’s character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the arguments and records, it is difficult to view that the sentence imposed by the court below is too unreasonable and unreasonable. Thus, Defendant’s assertion

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.