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(영문) 대전지방법원 2013.12.27 2013노1986
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the fact that the defendant is against whom the summary of the grounds for appeal (e.g., imprisonment with labor for 10 months), the punishment sentenced by the court below is too unreasonable.

2. The judgment of the court below is that the defendant received total of KRW 21,740,490 and KRW 22,814,54,490 from the victim E to the victims with no intent or ability to use the money for the purpose of receiving the money from the victims even though he received the money from the victims. The victim B had been well aware of the defendant in connection with the insurance company's business before and after this case. The victim E was a customer of the defendant at the time of the defendant's employment as an insurance solicitor, using the relationship with the victims, was less trust of the victims and it was not good to commit the crime in this case. The defendant did not make efforts to recover damages even before and after the lapse of three years from the date of the crime in this case, and it is difficult to view that the defendant was unable to obtain the consent from the victims before and after the investigation stage, and submitted the same agreement to the victims within 20 days from the date of the defendant's withdrawal of the complaint, and it is also difficult to view that the defendant had been aware of the victim's punishment.

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