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(영문) 춘천지방법원 2014.01.08 2013노556
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant recognized his mistake and speaks against the defendant, the fact that the defendant has no record of punishment in excess of the fine, such circumstances are considered in all at the court below, and there is no change of circumstances in the trial at the same time. Meanwhile, the crime of this case is committed by the defendant by deceiving the victim by active means and receiving a total of 3,1850,000 won from the victim several times in light of the method of crime and the degree of damage, etc., the crime of this case is not less less than the nature of the crime; the defendant did not pay damages properly up to the trial; the defendant did not reach an agreement with the victim; the defendant had the record of punishment for the same crime; the defendant has the motive and background leading up to the crime of this case; the situation after the crime of this case; and other various sentencing factors as shown in the records such as the defendant's age, character and behavior, etc., it is not recognized that the sentencing of the court

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

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