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(영문) 의정부지방법원 2015.10.06 2015노1983

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession and reflect of the instant crime, and that the victim did not want the punishment of the Defendant by mutual consent with the victim E.

B. However, the Defendant defrauded three victims of a total of KRW 210 million on several occasions, and the crime is bad, and the Defendant did not agree with the victim B (amount of KRW 112 million), D (amount of damage) up to the trial, and there was a history of having been sentenced to imprisonment for 10 months as of August 19, 2003, and 2 years of probation, which had been sentenced to imprisonment for 10 months as of August 19, 200, which was sentenced to 2 years of probation, by public notice, that the Defendant escaped and was serving two times of probation due to larceny, and other various circumstances that are conditions for sentencing as shown in the argument of the instant case, including the Defendant’s age, details of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant earlier, the lower court’s sentence is too unreasonable.

C. Therefore, the defendant's above assertion is without merit.

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.