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(영문) 창원지방법원 2014.10.30 2014노2021
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the gist of the grounds for appeal is the confession and reflect of the Defendant; (b) the Defendant was faced with financial difficulties while operating the insurance agency; (c) the Defendant was committed against the instant crime while the Defendant was faced with financial difficulties; (d) the Defendant was at the location to raise the child support for his father and wife attending a middle school; (e) the Defendant’s economic situation is not good; and (e) the Defendant did not have the same penal power for the Defendant, the sentence imposed by the lower court is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the instant crime was committed from September 26, 2012 to December 7, 2012, the Defendant received money from the victim E (hereinafter “victim”) and used it for the repayment of his/her personal debt, etc., but, as if the Defendant guaranteed the principal of investment and high-profit profits, he/she obtained money from the victim eight times in total under the name of investment money, and the case is not easy, and the case was not recovered from the victim; the victim’s damage was not completely recovered; the Defendant did not reach an agreement with the victim until the trial; the Defendant did not make any effort to do so; the Defendant’s character, conduct and environment; the background and result of the instant crime; and the circumstances surrounding the instant crime and the conditions of sentencing as revealed in the oral argument, etc., the sentence imposed by the lower court cannot be deemed unfair, and the above Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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