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(영문) 광주지방법원 2013.09.13 2013노1261
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (limited to four months of imprisonment, two years of suspended execution, and 80 hours of community service) is too heavy when taking into account the various circumstances against the defendant in the summary of the grounds for appeal.

2. A favorable circumstance is that the Defendant recognized the instant crime, that there was no record of criminal punishment exceeding the same criminal record or fine, that the Defendant has been notarized to pay the victim KRW 17 million, and that part of the damage was partially recovered, such as remitting money to the victim.

However, the crime of this case is a case where the defendant received the victim's daily activities from China as a travel expense in which he was unable to send the victim's daily activities, such as the contents of the travel contract entered into with the victim. It is a case where the defendant received the victim's daily activities from China as a total amount of KRW 1,174,00,00 as travel expense, and the damage has not been fully recovered from the trial even though the damage was considerable and the damage was not recovered to the trial. The defendant did not deposit the travel expenses in G until the beginning day, such as the defendant used the money received from the victim for the payment of other travel goods, but the defendant could not use the money received from the victim for the payment of the other travel goods. However, the defendant's assertion that the defendant's criminal acts related to the overseas travel such as this case is not possible to proceed with the attempted travel, and therefore, it is not reasonable to deem the defendant's punishment too unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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