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(영문) 대전지방법원 2014.12.18 2014노1467

사기

Text

Defendant

The appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the court below's sentence (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) fully repaid the amount of damage; (c) the victim did not want the punishment for the Defendant; (d) there was no record of punishment for the same crime; and (e) there was no record of having been sentenced to the suspended sentence or heavier punishment.

However, the crime of this case was committed by deceiving the victim as if the defendant would transfer his professional fire-fighting business license, and by deceiving 33,500,000 won in total, and the liability for the crime of this case is not weak.

In this context, in full view of the following factors: (a) the scope of the recommended sentence with respect to the instant fraud crime according to the sentencing guidelines established by the Sentencing Committee established by the Sentencing Committee is from 1 month to 1 year of imprisonment; (b) the category 1 (less than KRW 100 million); (c) the special person in charge of the general fraud; (d) the scope of the recommended sentence; and (e) the scope of the recommended sentence; and (e) other various sentencing conditions, including Defendant age, character and conduct, environment; (e) the background of the instant crime; and (e) the circumstances before and after the instant crime, the sentence of the

In conclusion, 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.