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(영문) 대전지방법원 2015.07.15 2015노633
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects his mistake in depth, the fact that the defendant agreed with the victim, the use of part of the acquired amount as operational funds E, and the fact that there is no particular criminal power other than the minor fine imposed as a crime of this case.

However, in consideration of the fact that the amount of fraud (70 million won) is a large amount, the fact that the money is stolen from the victim by taking advantage of the friendly relationship with the victim, and that the crime is not good, and that if the defendant is sentenced to a suspended sentence or a heavier punishment, he can lose his qualification as the member of the competent administration committee, the fact that the court below has already been sentenced to a fine is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

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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