(영문) 대전지방법원 2013.04.24 2013노371 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 대전지방법원 2013.04.24 2013노371

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of the fact that the defendant reflects the defendant, and that there is no record of punishment for the same kind of crime, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

B. In light of the fact that the amount of fraud by the prosecutor is substantial and the amount of damage is not entirely repaid, the punishment (old: 10 months of imprisonment) sentenced by the court below is too unfeasible and unfair.

2. The defendant appears to be aware of the crime of this case and the crime of this case is in a relation of latter concurrent crimes with the crime of violation of the Game Industry Promotion Act, etc. which has become final and conclusive. However, the crime of this case is committed in favor of the defendant. However, even if the defendant took charge of the crime of this case with the victim when he operated an illegal game room, the defendant obtained money from the victim by deceiving the victim with the victim with the intention or ability to pay the money without the intention or ability to pay the money. The crime of this case is committed by acquiring money from the victim with the victim by actively deceiving the victim who was the partner immediately after the crime of the illegal game room operation. The crime of this case is not good because it was a large amount of money, but did not make efforts to recover the damage, and considering all the circumstances such as the defendant's age, health status, character and behavior, environment, circumstances before and after the crime of this case, etc., the defendant and the prosecutor's allegation that the defendant of this case are too unreasonable and unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal filed by the defendant and the prosecutor is without merit. It is so decided

참조조문

-형사소송법 제364조 제4항

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