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(영문) 대전지방법원 2020.05.28 2020노523

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) imposed by the court below is too unreasonable for the defendant, and the prosecutor is too unhued and unfair.

2. The instant crime is determined by taking into account the following circumstances: (a) the Defendant committed the instant crime against multiple victims in a personal confidential relationship during a considerable period of time, including the Defendant’s repeated acquisition of KRW 380 million in total, and the victims have not reached an agreement with the victims, etc.; (b) the Defendant was at the disadvantage of the Defendant; (c) the Defendant was aware of the Defendant’s mistake; (d) there are circumstances that may be considered in the course of the commission of the instant crime; and (e) the Defendant’s intent is not conclusive in each crime; and (e) the primary offender is the first offender; and (e) other sentencing conditions that are favorable to the Defendant, such as the Defendant’s age, character, conduct, and environment, and all other sentencing conditions that are revealed in the pleading, the lower

3. The appeal filed by the defendant and the prosecutor in conclusion are dismissed in entirety on the grounds of merit.