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(영문) 청주지방법원 2018.03.30 2018노58
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable in light of the following: (a) the defendant's attempt to commit the instant crime and is against the defendant; and (b) the defendant has a dependent on the defendant, etc.

2. The lower court determined the sentence by taking into account the following circumstances as revealed in the lower judgment’s “reasons for sentencing”.

[Unfavorable Circumstances] The sum of damages for each of the instant crimes is not 15,148,00 won.

Crimes against victims B were committed repeatedly for a considerable period of time.

The defendant did not recover from the damage properly and did not receive a letter from the victims.

The defendant has been punished for the same crime.

[ favorable circumstances] The extent of deceiving the Defendant by deceiving the money in the name of the borrowed money from the victims was not significant.

There shall be no history of punishment imposed on a defendant heavier than a fine.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, character and conduct, family relationship, and circumstances after the crime, the punishment shall be determined as ordered.

In this case, even though the court below is recognized, there are no special changes in circumstances that could change the sentence of the court below after the decision of the court below was made, and the crime of this case is acquired by deceiving money from the victims under the pretext of borrowing money for the repayment of existing debts that the defendant was born to the lending company, etc., and the crime of this case is not good, since the defendant acquired by borrowing money from the prudent victims for the repayment of the total amount of KRW 1,670,000 from December 15, 2014 to January 8, 2015 (see, e.g., title 12 to 15 of the evidence record).

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