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(영문) 대전지방법원 2013.09.04 2013노1370
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the following: (a) the summary of the grounds for appeal (e.g., the fact that the defendant is against the defendant; (b) the agreement with the victim G; and (c) the defendant has a visual impairment of class 6, the sentence imposed by the court below (6 months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant is based on the timing of and reflects on the instant crime, that the defendant agreed with the victim G, and that the defendant has a visual disorder of class 6.

However, the crime of this case is committed by the victim C and G with no intent or ability to repay money from others even if the defendant borrowed money from others, and is provided KRW 2 million from the victims with each victim's money, and the victim D used the victim's automobile instead of his own money. The victim borrowed KRW 4 million as security and received KRW 4 million from the victim D with the false statement of the fact that the victim was unaware of trust of the victims and reached the crime of this case by using the victim's relationship with the victims, since the defendant did not make efforts to pay money by fraud after a considerable lapse of time, the defendant did not incur pain to the victim C and D, and the defendant was punished by imprisonment with prison labor for the same kind of crime, three times after the victim was sentenced to imprisonment with prison labor, and three times after the victim was sentenced to punishment for the crime of this case, and the victim did not have any other character and conduct during the crime of this case.

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