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(영문) 대전지방법원 2014.05.14 2014노728
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six months) by the lower court (e., imprisonment and one year and six months) is too unreasonable.

2. A favorable circumstance is acknowledged, such as the following: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the Defendant has no criminal record more than a suspended sentence due to the same crime; and (c) the Defendant appears to have been given an opportunity to satise and satise the quasi-satisfy of punishment through confinement life for a more than four months.

However, in full view of the following circumstances: (a) the sum of the acquired money of this case reaches KRW 250 million; (b) the victim paid 66.1.5 million to the court of the case, with the exception of the repayment of 60 million to the victim, no additional damage has been restored to the court of the case; and (c) the crime of this case is committed by taking advantage of personal trust relationship with the victim known to the general public, and the nature of the crime is not very good; and (d) the victim suffers a big mental and economic pain due to the crime of this case; and (e) other unfavorable conditions of sentencing, such as the victim’s age, character, character, environment, and circumstances after the crime, etc., the punishment imposed by the court below is deemed reasonable and too unreasonable. Therefore, the defendant’s assertion is without merit.

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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