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(영문) 청주지방법원 2015.02.06 2014노1245
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The fact that the defendant's judgment on the grounds for appeal of this case (the grounds for appeal of this case) is contrary to the recognition of all the crimes of this case, and that the sum of the money obtained by deception or embezzled is not much higher than the amount, etc. can be considered in favor of the defendant.

However, the defendant has been punished several times for the same crime, and, in particular, the defendant was sentenced to imprisonment with labor for one year for a crime that steals money and steals precious metals against a multi-party business owner [Seong District Court Decision 2012Da442, 465, 476(combined)]. In the end, the above case was under the absence of the defendant, and the defendant was sentenced to imprisonment with labor for a year.

In light of various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relationship, background of the crime, and circumstances after the crime, etc., the lower court’s punishment ( fine of KRW 4 million) is too unreasonable, and thus, cannot be deemed unreasonable in light of the following circumstances: (a) the Defendant committed the instant crime without attending the above trial procedure and did not reach an agreement with the victim up to the trial; and (b) the Defendant did not have any circumstance to deem that the Defendant was taking measures to recover from damage.

2. 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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