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(영문) 대전지방법원 2016.09.21 2015노4139
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances are to be taken into account, such as the fact that the Defendant paid the victim G, H, and I the total amount of damage and agreed, partly repaid the amount of damage to the victim E, the Defendant was the primary offender, and the Defendant committed all the instant crimes.

However, the defendant has committed deception using trust relationship with the victims who are employees, and is very bad to commit such crime, and the sum of money obtained by deception from victims is very large.

In addition, the defendant obtained a loan from the victims to obtain money, and the victims suffered considerable damage due to the crime of this case. According to these circumstances, it is inevitable to place the defendant with severe punishment.

Considering the above circumstances and the fact that there are no special circumstances that the court below and the punishment are different from the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc. after the crime, the court below’s punishment is too unreasonable even in light of the circumstances in which partial amount of damage was paid to E in the appellate trial, even if the court below’s punishment is too unreasonable.

3. 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. It is so decided as per Disposition.

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