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(영문) 대전지방법원 2014.12.24 2014노2814
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The crime of this case was committed on the basis of the fact that the defendant, who had been engaged in the liquid sales business, bears a large amount of debts, but the amount acquired by defraudation from the victims as business funds, etc. is a large amount, and therefore, the criminal liability is heavy. Of the amount acquired by the defendant, the amount of 140 million won or more is likely to have been used for the repayment of other debts unlike the business funds notified to the victims. The fact that the victims have not been recovered from the crime of this case more than four years ago is disadvantageous to the defendant.

On the other hand, the defendant recognized all the facts of the crime of this case when the crime of this case was committed in the first instance, and agreed that the victims lent the damage amount of this case to the victim and receive a high interest rate of 36% per annum. Accordingly, the defendant paid at least 70 million won to the victims from August 2010 to January 2012 as principal and interest, and some of the funds received from the victims were used as the price for the import of the products sold for the purpose notified to the victims. In light of the fact that the defendant's crime of this case was committed by willful negligence at the time of the crime of this case, and the degree of deception seems not to be severe, and there is no criminal history other than the minor fine due to this crime of this case, other than the defendant's three times other than the minor fine due to this crime of this case, the defendant transferred the amount of money to the victim's store operated by the victim E from August 20 to January 2012, and the defendant transferred it from the retail sale of the defendant and the victim's spouse.

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