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(영문) 대전지방법원 2014.10.29 2014노1971
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. A favorable circumstance is recognized, such as the fact that the Defendant led to the confession of each of the crimes of this case and reflects his mistake, that the Defendant was the first offender who has no criminal record, that is, the Defendant was at risk of realizing the quasi-competence of punishment through confinement life exceeding five months, and that the Defendant’s economic situation is not good.

However, this case, however, takes into account the following circumstances: (a) the defendant deceivings victims by taking advantage of his personal trust relationship with the victims who have a relative or long-standing relationship, and defrauds money; (b) the nature of the crime is not good; (c) the amount of damage is a large amount of 100 million won in total; (d) the court below and the court below granted sufficient time to the defendant; (e) the victims have recovered from damage to the trial or have not agreed with the victims; and (e) the victims have been punished against the defendant; and (e) other factors of sentencing, including the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the defendant's assertion is without merit.

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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