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(영문) 춘천지방법원 강릉지원 2015.08.06 2014노482
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, 8 months of imprisonment and defendant B, 6 months of imprisonment) declared by the court below is too unreasonable.

2. The circumstances are favorable to the Defendants, such as the fact that the Defendants recognized each of the instant crimes and reflected, that the Defendants did not have any history of punishment exceeding the fine, that Defendant A’s health status is not good, and that Defendant A was subject to two times or more from the victim on the ground that he did not repay his obligation.

(Recording) According to the records, the Defendants were deemed to have been paid KRW 5 million to the victims on December 2, 2014, which was following the sentence of the lower judgment, and KRW 3 million to Defendant B, respectively. However, since each of the instant facts charged was paid to the Defendants on June 20, 2014, instead of each of the instant facts charged, for repayment of the borrowed money additionally borrowed from the victims, the Defendants cannot be deemed to have committed favorable circumstances to the Defendants. However, prior to each of the instant facts charged, the Defendants had the record of being sentenced to a fine for the same kind of crime, and the damages of each of the instant crimes were not recovered until now, and the victims want not to be punished by the Defendants (the victims submitted a written agreement to the effect that they would not want the punishment of the Defendants to this court on February 23, 2015), and the motive and circumstances of each of the instant facts charged, the record and circumstances of each of the instant crimes, and all other circumstances that the Defendants did not have any reason to reverse the Defendants’ punishment.

3. According to the conclusion, the Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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