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(영문) 의정부지방법원 2014.01.08 2013노1724
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable, because of the gist of the reasons for appeal:

2. We examine the facts of the crime of this case. The crime of this case committed by the defendant is highly likely to have committed fraud by using personal trust relationship with the victim who is a six-year relative relationship, in light of the contents and methods of the crime and the degree of damage, etc., the crime of this case was committed by the defendant, who did not appear on the trial date of the court below. In addition, there was no record of punishment for fraud in 2002, in addition, there was no record of punishment for the crime of this case, and there was no agreement or complete recovery of damage until now. The victim's family members want to be punished against the defendant. On the other hand, the crime of this case committed by the defendant is likely to have committed fraud by taking into account the victim's personal trust relationship with the victim, which is a six-year relative relationship, and there is no special circumstance that the court below determined the punishment of the defendant within the scope of the punishment by sentencing, and there is no reason to change the defendant's motive, motive and circumstance of the crime of this case, the relation between the defendant and circumstances of this case, etc.

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

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