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(영문) 청주지방법원 2014.04.04 2013노977
사기
Text

The defendant's appeal is dismissed.

The defendant shall pay C, an applicant for compensation, the amount of KRW 254,400,00.

3.2

Reasons

1. The summary of the grounds for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflects the fact that he/she had been punished for the same kind of crime, but has long passed since he/she had no record of criminal punishment, and there have been no record of criminal punishment.

However, the crime of this case is a case in which the defendant deceivings the victim's children to find employment in the airline, thereby deceiving them a total of 254,40,000 won on several occasions, such as brokerage expenses, etc., and the nature of the crime is not good, and there is no circumstance to deem that the victim did not reach an agreement with the victim up to the trial even though the amount of damage was not substantial, and otherwise took measures for recovery from damage, and there is no other circumstance to deem that the economic and mental suffering suffered from the crime of this case is very great. Considering the various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, family relationship, the background and motive of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable even if considering the above circumstances, it cannot be deemed that the sentence of

3. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Since an application for remedy order filed in the trial court is well-grounded, it is so decided as per Disposition by accepting it pursuant to Articles 25 (1) and 31 (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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