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(영문) 대전지방법원 2017.06.21 2016노3105
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflected the mistake, and that the defendant is in an economically difficult situation.

However, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings the victim three times and defrauds the victim a total of nine million won, which is not good in the quality of such crime, the fact that the defendant did not make any effort to recover damage even though the amount of the defraudation is not so much, and that there is no agreement with the victim.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means, and consequence of the crime, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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