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(영문) 청주지방법원 2014.05.15 2014노144
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The crime of this case is a planned and inferior criminal act by deceiving the victims to purchase cargo vehicles and arrange cargo transport services in the course of operating a transportation limited partnership company. The defendant committed the crime of this case for a long time. The defendant committed the crime of this case continuously and continuously committed the crime from the time when the defendant was punished for the same crime and the execution of the punishment was completed for a long time. Furthermore, the crime of this case constitutes a repeated crime. The total amount of damage caused by the fraud of this case exceeds 30 million won. Although the defendant partly repaid the damage, the part of the damage actually recovered is extremely minor and most victims are not recovered from actual damage. In fraud with the content of property transfer, if there is property transfer, the victim's property infringement is established, and the victim's property acquisition is not wholly acquired (see, e.g., Supreme Court Decision 2007Do9819, Jul. 19, 207; Supreme Court Decision 2007Do8199, Jul. 19, 2007).

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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