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(영문) 청주지방법원 2015.11.20 2015노515
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of 160 hours of community service) is too unreasonable.

2. The Defendant appears to have committed the instant crime in a net manner and committed the instant crime in depth.

In addition, the defendant transferred one unit of pulverization which was not established due to damages, etc. to the victim, and the victim seems to have taken civil measures such as payment order and seizure of claims against the defendant against the remaining victims of 20 million won.

In addition, the fact that the defendant has no record of criminal punishment exceeding the fine up to now has to be considered favorable to the defendant in the course of determining the punishment of the crime of this case.

However, the crime of this case was committed by deceiving the victim as if the defendant did not establish any security right even though the defendant established a factory mortgage on the two parts of his voltages, and thereby deceiving the victim by receiving 33 million won as the two sales proceeds of the voltages, and the punishment of the illegality of the act is not against the law.

In addition, the defendant did not receive a letter from the victim until now, and it seems that the defendant did not take any additional measures for the recovery of the victim's damage in the first instance.

In addition, the above favorable circumstances appear to have been fully reflected in the judgment of the court below's sentencing, and the sentencing of the court below is not deemed to be unfair, taking into account the following circumstances: the defendant's age, character and conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime, etc.; and the scope of the sentencing guidelines applicable to the crime of this case, including the circumstances after the crime, and the scope of the sentencing guidelines applicable to the crime of this case (one month to one year and six months).

Therefore, Defendant’s ground of appeal cannot be accepted.

3. Conclusion, the defendant.

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