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(영문) 대전지방법원 2014.06.12 2014노778
사기
Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

There are extenuating circumstances, such as the confession of the defendant to commit the crime of this case, the fact that the defendant is against the defendant, and the fact that there is a family member to care.

However, the crime of this case is deemed to have committed the crime of this case by deceiving the victim in a planned manner under the name of investment, and the nature of the crime is not good, the defrauded did not agree with or recover damage even though the amount of fraud is reasonable, and the victim wants to punish the defendant, the defendant has been punished several times of the same crime and has been punished by imprisonment with prison labor, and the defendant has committed the crime of this case again without being aware of it during the period of repeated crime for which the parole period has not passed, and there is a need to punish the defendant strictly, and there is other various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the range of recommended sentence according to the sentencing guidelines of the Supreme Court and the range of recommended sentence according to the sentencing guidelines of the Criminal Procedure Commission, the fraud crime group, general fraud, special offender (less than KRW 100 million), the recommended area (limited area), the recommended area, and the scope of recommendations (one to six years).

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.

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