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(영문) 춘천지방법원 2014.11.05 2014노614
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although there are extenuating circumstances, such as the fact that the defendant recognized his mistake and speaks against the defendant, that approximately KRW 51.9 million was returned to the victim Q Q, that the defendant's parents' health is not good, these circumstances appear to have been considered in all at the court below. Meanwhile, the crime of this case is extremely poor, such as deceiving the victims by means of forging the details of passbook or guarantee contract, etc. Meanwhile, the defendant has five criminal records, including the two criminal records, five criminal records, including the two criminal records; the amount obtained by the crime of this case exceeds KRW 170 million in total; the amount obtained by the crime of this case has not been restored to KRW 51.9 million in addition to the above Q. Considering the motive and background leading up to the crime of this case; the defendant's age after the crime of this case, personality, conduct, environment, etc., it is not reasonable to consider that the defendant's aforementioned punishment is too unfair even if he was left to the protective facilities.

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

(However) In accordance with Article 25 of the Rules on Criminal Procedure, the criminal facts of the judgment of the court below shall be corrected on June 19, 2013 as the second and second " May 31, 2013"; each of the "private documents concerning the rights and obligations of the third and fourth methods" shall be corrected as the "private documents concerning the certification of facts"; and each of the correction shall be made to the "Marac" of the fourth and fourth methods as the "Marac".

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