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(영문) 대전지방법원 2014.11.19 2014노2298
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

The fact that the defendant is against his mistake, and the defendant's living expenses were caused to commit the crime of this case in order to raise his living expenses, the amount of damage to each victim is relatively small, and the defendant seems to have broken down his mistake and punishment through confinement life for about 11 months.

However, each of the crimes of this case was committed by deceiving a large number of unspecified victims as if the defendant sold goods and acquired money in the name of the price of goods. In full view of all other circumstances such as the defendant's age, character, environment, motive and circumstances leading to the crime of this case, and circumstances that led to the crime of this case committed repeatedly by the same veterinary method and amounting to KRW 8.22,00,000,000, there is a need for the defendant to strictly punish the defendant by committing the crime of defraudation without being aware of it even though the period of repeated crime is a repeated crime. Damage has not been recovered, the defendant refused to attend an investigation agency's request for appearance, and the defendant was committed repeatedly even after the execution of the punishment was completed six times, including the two times imprisonment with prison labor from 2005 to 6 times, and considering all other circumstances, the court below's punishment is too inappropriate, and the above argument of the defendant is without merit.

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

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