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(영문) 춘천지방법원 2013.10.16 2013노359
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although there are favorable circumstances such as the fact that the defendant recognized his mistake and speaks against the defendant, that the defendant repaid 25 million won to the victim, these circumstances are considered in the original judgment. However, there is no change of circumstances in the original judgment and there is no other reason in the trial. Meanwhile, each of the crimes of this case is that the defendant deceivings the victim by active means, thereby acquiring approximately KRW 80,000,000,000 from the victim, and the crime of this case is not less complicated in light of the method of crime and degree of damage. Even if the defendant excludes the amount partially repaid to the victim, considerable damage is not recovered, and no agreement has been reached with the victim until the trial is reached. In addition, considering the motive and background leading up to each of the crimes of this case, the circumstances after the crime of this case, the age, character, and environment of the defendant, the sentencing of the original judgment is too unreasonable. Therefore, the defendant's allegation is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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