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(영문) 창원지방법원 2014.04.24 2013노2045 (1)
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three years of imprisonment with prison labor for two years and three years of probation and 240 hours of community service) is too unreasonable;

2. The circumstances favorable to the Defendant are that the Defendant agreed with the victim, the victim sought the Defendant’s wife, and the Defendant reflects his mistake.

However, in light of the following circumstances: (a) the Defendant committed the instant crime for about five months using personal trust relationship with the victim, and the defrauded amount to approximately KRW 290,000,00,000; and (b) the Defendant was punished once by imprisonment with prison labor for the same kind of crime; and (c) there are no special circumstances or changes that may be newly considered in the sentencing after the sentence of the lower judgment; and (d) the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the sentence of the lower judgment; and (e) there are no other circumstances or changes that may be newly considered in the sentencing; and (e) the Defendant’s age, character and behavior, environment, motive and circumstance of the crime; and (e) the circumstances after the crime,

Therefore, the defendant's assertion is not accepted.

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

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