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(영문) 전주지방법원 2018.04.27 2018노222

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and reflects in depth the mistake.

On the other hand, the crime of this case was committed by deceiving 2 victims and deceiving 15,95 million won in total under the name of borrowed money, and the quality of the crime is not weak in light of the method of crime and the amount of damage. The defendant committed the crime of this case even though he had been already subject to criminal punishment three times due to the same crime, the victim F was deemed to have suffered serious economic difficulties and mental suffering to the extent that he was faced with his own life due to the crime of this case. Accordingly, the victim's bereaved family members want to be punished by the defendant, the victims' damage was not recovered until the trial of the case, and it seems difficult to expect the victims to recover the damage, and it is not recognized that the court below's punishment is unfair because it is too excessive, taking into account the circumstances surrounding the crime of this case, the defendant's age, sexual behavior, environment, etc., and other various sentencing conditions shown in the records and arguments of this case.

Therefore, the defendant's assertion is without merit.

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