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(영문) 대전지방법원 2016.12.22 2016노1685
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant had the intent and ability to transfer the real estate and Jeju real estate in the instant case to the victim, it is not the deception of F, thereby deceiving the victim to acquire another real estate from the victim.

B. The sentence of unfair sentencing (three years of imprisonment) by the court below is too unreasonable.

2. The Defendant also asserted the same purport in the judgment of the court below as above, and the court below rejected the above assertion by explaining the grounds for recognizing the criminal intent to obtain by deception in the “a summary of evidence” of the judgment.

Examining the above judgment of the court below in a close manner with the records, the judgment of the court below is just, and it cannot be viewed otherwise even if the evidence additionally adopted and examined in the court below.

Therefore, the defendant's assertion is without merit.

3. The fact that the defendant did not have the same criminal record and did not have any history of punishment exceeding the fine, and that the defendant's wife wants to leave the ship is favorable to the defendant.

However, in this case, the defendant acquired the land and building owned by the victim, and even though there has been considerable time from the time of the crime, damage was not recovered at all despite the fact that the victim suffered enormous damage. While the defendant borrowed the real estate of this case as collateral or secured certain funds by setting it out after committing the crime, he did not make efforts to compensate for damage, such as not using it in the implementation of exchange contract or recovery of damage, and not using it for personal purposes, etc., and it seems that the defendant is not against the defendant, and the victim wanted to punish the defendant's severe punishment, there is an unfavorable circumstance against the defendant. In full view of all the sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after committing the crime, etc., the

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