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(영문) 대전지방법원 2014.12.04 2014노2899

사기

Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two years of imprisonment) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the confession and reflection of all the instant crimes; (b) the victims are also responsible for the occurrence of crimes or the expansion of damage; and (c) the victim C agreed with only the victim C; and (d) paid approximately KRW 80 million to G.

However, the crime of this case is deemed to have been acquired by deceiving the victims as if the defendant would guarantee the victims to make a gift investment, and has repeatedly received the investment money for a considerable period of time. The crime of this case is not good, and the amount of fraud is higher than KRW 470 million,00,000,000. Nevertheless, it is not agreed with the victim G, and the amount which has not been recovered is equal to KRW 220,000,000,000,000, and all other sentencing conditions such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., and the sentencing guidelines of the Sentencing Commission of the Supreme Court, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court is not deemed to be unfair because the sentence of the court below is too unreasonable.

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.