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(영문) 대전지방법원 2013.08.21 2012노2794
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (unfair punishment) and the fact that the victims’ damage were recovered, the punishment imposed by the court below (three million won of fine) is too unreasonable.

2. It is recognized that the judgment of the defendant has committed all of the crimes of this case, and that the defendant agreed with the victim I and the accomplice E deposited 2 million won to the victim D.

However, each of the crimes of this case in collusion with E and F, and received 2 million won under the name of advance payment as if the defendant would work as an employee from the victim D, who operated multiple banks around July 22, 2010. On September 3, 2010, the victim I received 5 million won in advance transfer from the victim I under the name of advance payment as if he would work in good faith as an employee. The crime was committed in collusion with accomplice under a pre-frush plan, and the crime was not committed in light of the Act on the Number of Crimes, and it is difficult to view that the crime was committed continuously even after the defendant was summoned at the trial, and it is difficult to view that the crime was committed against the defendant even after being summoned at the trial, and that the defendant agreed with the victim I at the investigation stage and received 2 million won in advance for the victim E to commit the crime, and that the amount of damage was already reflected in the sentencing of the court below, and that there was no motive for the defendant to punish 2 million won in the above case and 2 million won.

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