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(영문) 청주지방법원 2016.09.22 2016노583
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized all of the crimes of this case and reflected in the instant case.

A defendant has no criminal records which exceed the same kind of criminal records or fines.

The Defendant returned KRW 10 million out of the victim G deposit, and the victim H received some of the deposit in the auction procedure.

Circumstances unfavorable to the defendant are as follows:

The amount obtained by the accused is 340 million won in total.

The defendant, by deceiving the victim C, G, and H and moving to his domicile, has extinguished the right of preferential repayment, and the victims were faced with economic difficulties because they failed to receive the deposit.

The defendant did not reach an agreement with the victims, and most of the damages were not paid from 2012 to the trial.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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