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(영문) 춘천지방법원 강릉지원 2014.10.07 2014노318
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession and reflect of the crime, the fact that there is no criminal history, and the fact that the health status is not good.

On the other hand, the fact that the defendant, while working as an insurance solicitor, obtained the money by means of having the victim in a personal trust relationship with him/her to obtain a loan of the insurance clause, reaches 25 million won, did not recover damage even after several years have elapsed from the date of the crime, and did not agree with the victim is disadvantageous.

Considering the above various circumstances, comprehensively taking into account the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, and the circumstances after the crime, 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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