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(영문) 서울북부지방법원 2014.09.26 2014노866
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is the circumstance favorable to the Defendant, such as: (a) the confession of and reflects against the instant crime; (b) the victim of the instant crime does not want the punishment of the Defendant; and (c) the Defendant’s health status is not good due to illness, such as Rose of Sharon.

However, the crime of this case was committed by deceiving victims even though the defendant did not have the intent and ability to repay, by deceiving them more than 35.6 million won in total. In particular, considering all the factors such as the motive of the crime of this case, the character and conduct of the defendant, environment, family relationship, etc., the punishment of the defendant is too unreasonable, and the defendant's assertion is not reasonable, since the crime of this case was committed immediately after the crime of this case was investigated by saving contact with victims and locking contact with victims, it was long-term escape from the time of arrest on January 2014, the crime of this case was committed by the victim G, in addition to the repayment of KRW 2,00,000 after the crime of this case, the damage and agreement was not reached during that period, and taking into account the sentencing conditions specified in the arguments of this case, such as the motive of the crime of this case, the character and conduct of the defendant, family relation, family relation, etc.

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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