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(영문) 대전지방법원 2014.07.16 2013노2071
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant was unable to engage in the business and is economically difficult; (b) the Defendant had a family member, such as four children aged and his spouse; and (c) the Defendant partially repaid money to some victims, etc.

On the other hand, the crime of this case is a situation unfavorable to the defendant, including the fact that the defendant repeatedly obtains money from employees for the crime of this case, and the total sum of the money exceeds KRW 14 million, and the victims' damage has not yet been recovered even after a considerable period has elapsed since the crime of this case was committed, and the defendant has been subject to criminal punishment on seven occasions including the two times imprisonment and the two times criminal records of the same crime.

In full view of the above circumstances and other circumstances that lead to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, and there is no change in circumstances to determine the sentence differently from the original judgment, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

3. 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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