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(영문) 의정부지방법원 2017.01.13 2016노3225

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment) imposed by the court below is too unreasonable because it is too unreasonable (the defendant explicitly withdraws his argument of mistake on the date of the first trial of the court below). 2. The judgment of the court below is favorable to the defendant, such as the fact that the defendant recognized the crime of this case and showed an attitude to reflect it, that the defendant did not seem to have a conclusive intention to acquire the crime of this case, that there was no record of punishment for the same crime before the case, and that there was no record of punishment exceeding the fine.

However, in light of the contents and methods of the instant crime, etc., in full view of the following factors: (a) the liability for the instant crime is not easy; (b) the fraud amount is 300 million won in total; (c) the victim was unable to agree with the victim; (d) the damage was not recovered; and (e) the victim was staning the penalty because it was not recovered; (b) the court below appears to have sentenced the lower sentence of the recommended punishment set by the sentencing guidelines, taking full account of the various circumstances of the Defendant, and the Defendant’s age, sex, sex, environment, background and method of the crime, circumstances after the crime, and criminal records, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is too appropriate and too too unreasonable.

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.