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(영문) 춘천지방법원 강릉지원 2015.01.13 2014노531
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the Defendant include: (a) the confession and reflect of the Defendant’s crime; (b) the family members to support; and (c) the health status of the Defendant is not good; and (d) the fact that there is no past

However, even though the Defendant had been punished several times due to the same crime committed under the same law, and again committed each of the crimes of this case, the Defendant committed the crime by deceiving many unspecified persons for a considerable period of time, and repeated the crime by receiving the price of goods, as if he/she had done serious transactions with them. The nature and circumstances of the crime are very poor, the damage does not recover even many victims, and the amount acquired by the Defendant was used as gambling funds.

In addition to the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive and consequence of the instant crime, the means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable.

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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