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(영문) 춘천지방법원 강릉지원 2014.12.30 2014노461
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (long-term one year, short-term eight months) of the lower court is too unreasonable.

2. The judgment is a favorable condition to the defendant that leads to the confession and reflect of the crime, there is no record of criminal punishment, and there is a family member to support.

However, even though the Defendant had had the record of receiving juvenile protective disposition due to the same crime several times, and again committed each of the crimes of this case, the Defendant committed a crime under the way that he was paid goods by deceiving the victims as if he had done serious transactions against many unspecified persons over a considerable period of time. The nature and circumstances of the crime are very poor, the damage was not recovered even though there are many victims, and the acquired money was used as gambling funds, entertainment expenses, etc.

In addition to the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive and consequence of the instant crime, the means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable.

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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