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(영문) 창원지방법원 2014.12.04 2014노2190
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the accused recognizes all of his mistake and reflects it, and partially repaid to the victim.

However, the crime of this case was committed as if the defendant did not have any property or income but acquired 40 million won from the victim. The defendant did not reach an agreement with the victim even though he did not have much amount of damage. The defendant had been already subject to six times or criminal punishment, which includes the past record of being sentenced to two years of suspended execution in August due to fraud similar to the crime of this case. On November 21, 2013, the defendant was decided by the Seoul Central District Court to decide to commence the rehabilitation procedure for the creditor, including the victim, and was actually repaid part of the amount of money acquired. However, the defendant did not accept the payment period from November 20, 2013 to October 20, 2018, since the defendant did not have any specific condition for the crime of this case, the defendant's total estimated amount of repayment for the victim during the above period is not more than 10,208,460 won, and there was no specific circumstance that the court below's new circumstance or circumstance that changed the defendant's occupation and behavior after the crime of this case.

3. Thus, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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