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(영문) 대전지방법원 2014.07.16 2013노3014
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., punishment of a fine of three million won) sentenced by the court below is too unreasonable.

Judgment

It is advantageous to the fact that the defendant reflects his mistake, and there are circumstances in which part of the amount acquired by the victim has been returned.

However, the crime of this case provides that the defendant may let the victim take charge of coffee, drink, breerer, etc. at the events held in the Grand Dam twice, and deceiving the victim to take over 7 million won under the name of deposit and prepaid money, and there is no change in the nature of the crime, such as the fact that there is no change in the circumstances such as the restoration of damage up to the trial, or the agreement with the victim, due to frequent absence of the defendant, the delay in the trial was caused by the defendant, the fact that there was more than 18 times in advance, there was a previous case where the defendant was more than 18 times in advance, and the same criminal record was two times in advance, etc. In full view of all other circumstances that form the conditions of the sentencing of this case as shown in the records, such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime, etc., the above argument by the court below is unreasonable because it is not justified.

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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