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(영문) 의정부지방법원 2016.11.25 2016노2657

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below imposed on the defendant (one year and four months of imprisonment) is undue.

2. Determination on the grounds of appeal: (a) the fact that the Defendant recognized all the facts constituting the crime of this case and reflects his mistake; and (b) the fact that the amount of damage by the victim is relatively small is recognized as favorable to the Defendant.

However, each of the crimes of this case where the defendant committed the crime of defraudation and theft against many victims for a considerable period of time is not less than the nature of the crime in light of the content and method of the crime, and the damage amount of each of the crimes of this case is more than 7,200,000 won in total, and the victims have not been agreed or fully recovered from damage up to now, the same crime has been punished several times due to the same kind of crime. Considering the various circumstances of the defendant, the court below found that the sentencing guidelines set forth in the sentencing guidelines (general fraud, types 1 (less than KRW 100,000), special areas (not more than a certain or a large number of victims), theft against general property, basic areas (ordinary larceny), 1 to 3 years, 1 year and September), 5 years in total, 1 year to 5 years in total, and 5 years in consideration of the circumstances of the defendant, the defendant's motive and circumstance in the crime of this case, and there are no special circumstances that the court below sentenced the sentencing of this case.