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(영문) 대전지방법원 2015.06.25 2014노3234
사기등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7,00,00) of the original judgment is too unreasonable.

2. We can take into account the following circumstances: (a) the Defendant’s mistake in depth and reflects his mistake; (b) the primary offender who has no record of criminal punishment; and (c) the Defendant was involved in the instant crime upon the solicitation of male-friendly job offering H; and (d) the Defendant appears not to be the principal offender of the instant crime.

However, the crime of fraud of this case is committed by deceiving the victims in an economically poor condition by using disclosed personal information in collusion with accomplices to get loans. Such fraud of this case is committed in several million won. It is not recognized that the sentence of the court below, which sentenced to the fine, is too unreasonable, considering the following factors: (a) the methods of the fraud are sufficiently planned and organized against the victims who have a large number of unspecified people; (b) the damage is being caused by the compromise; and (c) the damage is being spread considerably; and (d) the amount of the fraud is above KRW 95 million, and all other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it is not recognized that the sentence of the court below, which sentenced the fine, is too unreasonable.

3. 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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