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(영문) 대전지방법원 2014.10.08 2014노2034
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant reflects his mistake, the fact that it is necessary to consider equity with the case that he was tried simultaneously with the case that became final and conclusive, and the fact that the economic situation of the defendant is not good is favorable.

However, when establishing a juristic person with C and D, the Defendant received money from another person as if it is necessary to make the best payment of the stock price, and conspired to obtain it by deceiving him. The Defendant takes charge of opening a bank account to receive money and finding a person who will borrow money and then withdrawing the money when the money is deposited in the future. After deceiving E and the victim, the Defendant received KRW 200 million from the agricultural bank account under the name of the Defendant under the name of the Defendant. The Defendant received money by means of transferring the money to one bank account under the name of the Defendant by using the one bank OTP generation machine and then withdrawing it again, and then withdrawing it. The Defendant received money by means of transfer to one bank account under the name of the Defendant, one bank account, and one bank account, and then withdrawing it again under the name of another. The Defendant did not appear to have any unfavorable circumstances such as the Defendant’s motive and circumstance before and after the crime, and there is no reason to view that the Defendant’s punishment was unfair.

In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act.

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