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(영문) 대구지방법원 2014.02.21 2013노3979
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is excessively unreasonable.

2. It is recognized that the defendant was the first offender with no previous conviction, that the defendant caused the crime of this case due to economic difficulties, and that the defendant provided a vehicle owned by the defendant to guarantee the payment to the victimJ for one year.

However, in light of the following circumstances: (a) the Defendant promised the victims to sell vehicles and pay the proceeds therefrom at will; (b) the amount of damage is equivalent to KRW 40,000,000; (c) the amount of damage was paid to the victims up to the trial; or (d) there was no agreement with the victims; and (c) the motive, means and methods of the instant crime; and (d) circumstances after the commission of the instant crime, the lower court’

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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