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(영문) 춘천지방법원 강릉지원 2014.10.21 2014노378
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The rationale behind the Defendant is that the Defendant led to the confession and reflect of the crime, and the repayment of KRW 12 million out of the amount of damage, etc. is favorable to the Defendant.

On the other hand, the fact that the defendant deceivings the victims in a personal trust relationship, thereby deceiving them about a total of KRW 113 million, and that the victims suffered considerable pain, such as the nature and circumstances of the crime, the fact that the victims were not able to recover damage, the victims did not agree with the victims, and the fact that there were three times of punishment including punishment for the same crime.

In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, as well as the circumstances after the crime.

3. 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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