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(영문) 대전지방법원 2016.10.13 2016노2216
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is too unreasonable.

2. The fact that the defendant is against his fault is favorable to the defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the fact that the sum of the money obtained through deception of this case exceeds KRW 1,50,000,00, there is a large amount of money, and there is no particular relation or change in circumstances to reduce the sentence of the court below in the trial, and other factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the Defendant’s sentence against

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

(However, the criminal facts of the judgment of the court below are clear that the phrase “ around February 3, 2015” in the 11th instance judgment is a clerical error in the phrase “ around February 3, 2016,” and thus, ex officio rectification is to be made in accordance with Article 25(1) of the Rules on Criminal Procedure.

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