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(영문) 대전지방법원 2015.01.14 2014노2847
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor and two months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The circumstances are favorable to the defendant, such as the following: (a) the defendant reflects the crime of this case; (b) the defendant was trying to settle the burden of the high-rate debt incurred while operating the clothing store by lending money from the victims; (c) the defendant paid a certain amount of money to the victims as principal and interest; (d) the defendant divorced from his spouse after the crime of this case; (e) the defendant works and lives as a restaurant employee; (e) the defendant is planning to repay the amount of 58 million won to C through the individual rehabilitation procedure; and (e) the defendant, who jointly and severally guaranteed the debt to the victim C, is the first offender who has no criminal history.

On the other hand, the crime of this case is inevitable to punish other victims of the crime in light of the number of victims, the degree of deception, the period of crime, and the amount of fraud, etc., the defendant transferred or expanded the punishment to other victims in the process of preventing the so-called return of risk caused by his own business and high rate, although the defendant paid some amount to victims of the crime of this case, it has not been recovered from considerable damages to victims, the victims have not been recovered from economic difficulties due to the defendant's crime, and some victims seem to have been faced with financial difficulties due to the defendant's crime.

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