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(영문) 수원지방법원 2019.06.20 2019노1870

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances are recognized, such as the Defendant’s confession of the instant crime and reflects his mistake, the Defendant’s repayment of KRW 33.2 million to the victim by the lower court, and the Defendant has no criminal record exceeding the same criminal record or fine, which seems to have been already considered in the sentencing of the lower court.

In addition, the crime of this case was committed by deceiving a victim by deceiving him/her as development gains by knowing the fact that the Defendant cannot normally proceed with the Land Development Corporation, etc., and acquired 100 million won as a loan, in light of the applicable law and content of the crime, etc., the crime is considerably poor in light of the circumstances such as equity in sentencing with the same and similar incidents, and other circumstances such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is unfair because it is too too unreasonable.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.