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(영문) 전주지방법원 2014.08.22 2014노509
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (10 months of imprisonment and compensation order) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below partially recognizes the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and reflects on the fact that the defendant committed the crime, and that the amount of defraudation of the victim's fire and marine insurance seems to have been partly repaid, but the amount of the defendant acquired is more than 20 million won in total. The crime of this case is a crime committed by using personal information of customers who committed a crime using trust relationship with the offender or acquired it in the course of performing duties, and it is not good to the nature of the crime. In particular, in the case of the crime against the victim C, the defendant consumeds money exceeding 12 million won in a short period of time with the victim's receipt of credit card from the victim, and it is not deemed a livelihood crime in light of the details of the approval, etc., and it is not deemed that the defendant did not have reached an agreement with the victims or did not recover most damage to the victims, and the defendant has been sentenced once to a punishment for the same kind of crime, and there is no reason to deem the above defendant and counsel's punishment too unfair.

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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