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(영문) 부산지방법원 2013.11.14 2013노2905
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment is that the Defendant suffers from a depression due to the death of the former wife; the Defendant is currently unable to meet the economic situation as a recipient of basic living security; the Defendant has two children to support and rear the Defendant; the Defendant paid KRW 10 million to the victim as a profit group; and the Defendant and the victim together own the vehicle purchased by the victim at present. There is no circumstance to consider the Defendant in favor of him.

However, even though the defendant was under trial on separate fraud, he acquired a considerable amount of money for a considerable period of time by deceiving a friendly friendly victim without being aware of the fact that the crime is very bad, and as such, the defendant paid 10 million won to the victim.

The part of the purchase price of a vehicle or the part of the purchase price of the vehicle is that the defendant paid or borne the necessary amount from time to time to maintain the victim's recovery in the course of continuing the series of fraud of this case, but it is not for the purpose of the damage compensation, so it is difficult to evaluate it as true damage recovery. Nevertheless, the defendant was urgent in emphasizing the above circumstances as favorable to himself without going through the truth of the victim from the investigation process to the trial, or without endeavoring to cause the damage to himself/herself. In addition, even though he/she disposed of the real estate owned by his/her children in the name of the first half of April 2012, he/she did not actually cause damage to the victim, and the victim who has failed to recover most of the damage up to now has filed a request for strict punishment against the defendant, as well as economic difficulties.

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