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(영문) 대전지방법원 2014.04.30 2014노384
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) that the court below sentenced to the defendant is too unreasonable;

(2) The Defendant asserted that the Defendant had the right to know about facts in the statement of grounds for appeal, but the Defendant withdrawn from the date of the first instance trial on the date of the trial of the court of first instance, and thus, did not make any separate judgment thereon). 2. It is recognized that the favorable circumstances, such as the fact that the Defendant led to the confession of each of the crimes in this case and reflects the Defendant’s mistake in depth, that it appears that the Defendant had the opportunity to satisfe and satisfe the unity of punishment through a prison life

However, considering the fact that the amount of fraud of this case is up to 242,818,800 won in total, and the crime of this case is committed by deceiving the money of the victim several times over a long time using personal trust relationship with the victim that was close to ordinary times, and the nature of the crime is not very good, and the act of deception is active and planned, such as the fact that the victim's husband is a bad credit holder due to the defendant's crime, the victim's husband is a bad credit holder due to the defendant's crime, and the second child is divorced, and most damages are not recovered, and all other sentencing conditions such as the victim's age, character and conduct, environment, and circumstances after the crime are considered, etc., the punishment imposed by the court below is judged to be appropriate, and it is not unreasonable for the defendant's assertion is not reasonable.

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

However, in the case of the judgment below No. 4, the term "application of statutes" is "1. Criminal facts".

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