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(영문) 청주지방법원 2014.06.05 2014노208
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. A favorable circumstance is that the defendant has no criminal record, and that he/she has divided his/her wrong facts.

However, the amount of damage caused by the instant fraud exceeds KRW 80 million, and the amount of damage caused by the embezzlement exceeds KRW 400 million, and the victim seems to continue to lease temporary materials to the defendant with the trust of the defendant who pays even some of the temporary materials rent. The defendant arbitrarily disposed of the temporary materials so provided and incurred a huge business loss to the victim, and the actual damage recovery has not been made until now after the instant crime was committed, in full view of the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., the punishment imposed by the court below is too unreasonable.

3. 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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