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(영문) 대전지방법원 2014.11.19 2014노2509
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. A favorable circumstance is recognized, such as the fact that the defendant led to the confession of each of the crimes of this case and reflects his mistake, that the defendant does not want to punish the defendant, and that the defendant appears to have been an opportunity to realize the unity of punishment through confinement life exceeding five months, and that he would have been an opportunity to care.

However, in this case, the defendant acquired money from the victim under the pretext of credit collection and attorney fees by using personal trust relationship with the victim who had a relationship of internal relationship, and the nature of the crime is not good, the damage amount reaches 35.9 million won, the defendant has three criminal records of criminal punishment for the same crime, one of which is the previous criminal records, two of which is the previous criminal records, and the defendant was sentenced to imprisonment with prison labor for fraud at Suwon District Court on January 18, 201 and was sentenced for 1 year and six months at the Suwon District Court on March 30, 201, and committed each of the crimes of this case again during the period of repeated crime without being aware of the completion of the execution of the punishment, and it appears that the risk of repeating the crime is high, and there is no reason to believe that the court below has determined the sentence by fully considering the favorable circumstances in the above above, and considering all the circumstances such as the defendant's age, character, and behavior after the crime, the defendant's environment, and circumstances after the crime, it cannot be justified.

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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