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(영문) 청주지방법원 2018.07.27 2018노37
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the defendant recognized the instant crime and reflected against the Defendant.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant recognized the instant crime and reflects the instant crime; (b) the Defendant has no record of criminal punishment; and (c) the Defendant partially repaid the interest on the borrowed money to the victim.

However, the fact that the defendant denies and does not oppose the judgment of the court below that he did not deny the crime, and the crime of this case is not good that the defendant, who operated the beauty room, acquired 15 million won or more from the injured party under the pretext of borrowing money by using the victim's trust that he had been a single customer, and the victim was in favor of the injured party with the prior intent to assist the defendant, and there is a high possibility that the defendant deceiving the defendant as if he had the intent or ability to repay the above amount despite the fact that he had a debt of 50 million won or more, and there is a high possibility that he has taken money by deceiving the defendant as if he had the intention or ability to do so by concealing it. The defendant did not pay the principal to the victim at all, and did not agree with the victim, and taking into account the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior

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

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