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(영문) 대전지방법원 2015.01.21 2014노3080
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year of imprisonment) is too unreasonable.

Judgment

The following circumstances are favorable: (a) the Defendant reflects his mistake; (b) the Defendant was placed in a situation where the Defendant would dispose of a house which he had living together with his grandparents who had caused a large amount of damage to his own house; and (c) sold the instant real estate and prepared the money to be awarded a successful bid; and (c) there were circumstances to take into account the circumstances; and (d) there were no previous convictions other than the Defendant’s fine twice.

However, even if the victim pays the purchase price, the crime of this case is not clear whether it would be possible for the victim to sell the real estate after receiving a renunciation of inheritance from co-inheritors, and the amount of damage is considerable to that of the victim by deceiving the victim and deceiving the victim, and thus, the criminal liability of the defendant is not provided. The victim appears to have suffered a substantial physical and mental pain due to this case, the victim was not able to recover damage to the victim after using the money acquired by the defendant personally, and there is no change in circumstances at the trial. There is no change in the situation at the trial. There is no change in the situation at a different time, the fact that the defendant did not comply with the demand of the court for attendance and caused a delay in the trial procedure, and in full view of all other circumstances, such as the defendant's age, character, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the above argument by the court below is not reasonable. Therefore, the above defendant's assertion is without merit.

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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