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(영문) 청주지방법원 2014.09.19 2014노739
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The fact that the defendant's judgment on the grounds for appeal of this case is contrary to the recognition of the crime of this case, and that the victim paid an amount equivalent to KRW 10 million under the name of interest, etc. is considered in favor of the defendant.

However, the crime of this case is not suitable for the crime to be committed by deceiving the victim by forging a sales contract under the name of the F in spite of the intent or ability of the defendant to repay the borrowed amount. The crime of this case is committed in a false manner by deceiving the victim by forging a sales contract under the name of the F in spite of the intention or ability of the defendant to borrow the borrowed amount. The circumstances after the crime are not good, such as denying the crime while presenting a sales contract under the name of F in the name of the police that has escaped after the crime of this case. Although the damaged amount of the crime of this case exceeds 160 million won in total, the defendant failed to implement the original conditions of agreement with the victim up to the trial, and there are no other circumstances to deem that the defendant was taking measures to recover the damage other than the amount paid under the name of interest, etc., the court below did not determine the punishment of imprisonment with prison labor [2 years and six years] [3 years and six years and more] [3 years and less than the defendant's age of imprisonment with prison labor], the motive of the defendant and the sentencing range of punishment [2 years and the sentencing range]

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

However, the application of the law of the lower judgment is next to the second term of imprisonment.

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