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(영문) 전주지방법원 2016.12.16 2016노1326

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the mistake; and (b) the amount of damage caused by the instant crime is not a very large amount.

On the other hand, the fact that the crime of this case is committed in a false manner that the defendant would pay the victim the price, and that the crime of this case is not less than 5 million won in the market price, and the crime is committed without being aware of the fact that the defendant had a history of criminal punishment, including punishment for the same crime, even though he had already been punished several times due to the same crime, and that he did not reach an agreement with the victim up to the trial, and does not take any measures for the recovery of the victim's damage.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.