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(영문) 대전지방법원 2015.02.05 2014노3260
사기
Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(F) The sentence of the original court (one hundred months of imprisonment) is too unreasonable.

Judgment

There are extenuating circumstances such as the fact that the defendant confessions the entire crime and repents his mistake in depth, the fact that approximately KRW 15 million out of the amount of damage has been recovered, the victim L has agreed smoothly with the victim, and the fact that the family members of the defendant want to have the wife.

However, the crime of this case is committed by deceiving five victims about five times more than a considerable period of time, and by deceiving the total of 75 million won, in light of the form of the act, the period, and the scale of damage, etc., the liability for the crime is grave, and the amount of unrefised damage is reasonable, and most of the victims have not been agreed upon, and the defendant has the records of criminal punishment for the same kind of crime, there is no change in the circumstances to change the sentencing after the decision of the court below, and there is no change in the circumstances to change the sentencing after the decision of the court below, and other various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., the range of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee, general fraud (type 1), general fraud (type 1), special form of punishment (the basic area), decision on the recommended range of punishment (type 6 to June 16) and the recommended range of punishment (type 16).

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.

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