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(영문) 대구고등법원 2013.12.12 2013노318
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the crime No. 2 of the original decision: Imprisonment with prison labor for 4 months and the remainder of the crimes as indicated in the original decision: 5 years) is too unreasonable.

On the date of November 14, 2013, the Defendant asserted that there was no deception on the part of the defrauded Q Q, but withdrawn it on the date.

2. The circumstances favorable to the defendant include: (a) the defendant recognized that all of his/her criminal acts were committed against the mistake; (b) some of the victims were returned; and (c) agreement with some of the victims was reached.

On the other hand, the Defendant had been punished for the same crime as the instant crime several times, and, in particular, the Defendant was sentenced to three months of imprisonment by fraud, etc. on April 14, 2010, and one year and six months of imprisonment, etc. on November 21, 201, even though the execution of the sentence was completed on November 21, 201, he/she obtained money and economic benefits from many victims repeatedly by means of the same veterinary method as the previous criminal punishment.

In addition, the defendant's intent to prevent the victims from filing a complaint with an investigative agency, or when the victims have filed a complaint with an investigative agency or requested a reimbursement of damages, he/she shall use mobile phones or text messages for the purpose of retaliation and continuously threatened the victims. Accordingly, the victims, who are women, were exposed to fear of severe fear and the appropriate exercise of national penal authority.

Although the defendant agreed with some victims, in the process, the victims suffered another mental damage by requiring the victims to reach an agreement, and making the victims meet their intentions, and it is difficult to see that the victims were seriously able to use the defendant.

These circumstances are disadvantageous to the defendant.

In addition to this point, the age of the defendant.

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