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(영문) 수원지방법원 2014.07.24 2014노2177

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, background of the crime, means and method, etc., as well as the fact that the amount of damage caused by the instant crime was reduced to KRW 30 million and did not reach an agreement with the victim and the measures for recovery from damage were not taken at all, and that the Defendant had been punished for suspension of execution due to the same criminal conviction, and that the Defendant was punished for fraud that became final and conclusive by deceit as to the instant crime, the Defendant’s assertion is not acceptable since it is too unreasonable to the extent that the lower court’s punishment should be reversed, even if equity is considered in the case of concurrent crimes with the latter part of Article 37 of the Criminal Act in relation to which the instant crime was established.

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.