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(영문) 청주지방법원 2019.06.27 2018노1382
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant’s punishment against the Defendant is too unreasonable in light of the following: (a) the Defendant committed each of the crimes in this case against the intent of committing each of the crimes in this case; (b) the full amount of the damage inflicted upon the Victim E was recovered; and (c) not only the Defendant’s repayment of KRW 33 million to the Victim B; and (d) the Defendant is making efforts to recover from damage.

The Defendant explicitly withdrawn the assertion of mistake of facts on the date of the first trial.

2. Determination: (a) the victim E received return of KRW 18 million from the Defendant before the instant complaint; and (b) on May 10, 2017, the victim E received KRW 47 million from the O, a joint surety of the payment note; (c) the Defendant paid KRW 33 million to the victim B for two years from June 25, 2016 to June 8, 2018; and (d) even if considering equity with the case of judgment at the same time as the judgment becomes final and conclusive on March 31, 2017, each of the instant fraud crimes committed in this case was committed by an obvious deceptive act; (c) the victim was sentenced to imprisonment for a long time from 00 million to 170 million; and (d) the victim did not have been sentenced to punishment for the escape of KRW 170 million from 10 to 200 million; and (d) the victim did not have been sentenced to punishment for the escape of KRW 170 million until 20 million.

(Cheongju District Court 2019No. 653). Otherwise, the records and arguments of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, are shown in the proceedings.

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