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(영문) 수원지방법원 2015.10.07 2015노4599
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the court below to the defendant is too unreasonable because of the summary of the grounds for appeal;

Even if the Defendant acted on the grounds of appeal that “the victim was not intentionally planned for the purpose of deceiving the victim, and was not intentional and intentional,” the Defendant had no intention to commit the crime by deception, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the Defendant was in need of money due to personal obligations, etc. on or around March 2014 on the premise of marriage, and the Defendant received money from the victim by taking full account of the following factors: (a) the Defendant was in need of money due to personal obligations, etc. on or around March 2014 on the premise of marriage; and (b) the Defendant did not use money for each intended purpose.

2. The judgment of the defendant is a favorable condition to the defendant that the defendant led to confession and reflects the crime of this case, that the defendant raises his/her aged child, and that he/she has no criminal record of being sentenced to a fine exceeding the fine.

However, in this case, it is not recognized that the punishment imposed by the court below is too unreasonable considering the following circumstances: (a) the defendant was married to a female but was married, and the victim was deceiving the victim with money on the premise of marriage; (b) the victim was likely to have obtained a severe mental impulse; (c) the sum of the acquired money was not more than KRW 59,540,00; (d) there was a history of having been sentenced to a fine of KRW 2 million as a crime of fraud related to the Multipaid Payment in 2002; (e) no damage has been paid to the victim until the trial was held; and (e) other various circumstances, such as the defendant’s character and behavior, age, family relationship, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc.

3. Thus, the defendant's appeal is without merit.

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