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(영문) 수원지방법원 2013.07.04 2013노1788

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the sentence of the lower court (ten months of imprisonment) is too unreasonable.

2. The court below's punishment is too unreasonable in light of all the circumstances, including the following: (a) the defendant's mistake was recognized (the original court asserted that the ability to pay was sufficient at the time of the original trial, but only the appeal was made on the ground of unfair sentencing) and the defendant's mistake was against the defendant; (b) the defendant only one time before the judgment of the original court was sentenced to a fine; (c) the crime of this case is limited to the extent of deceiving the "G Chairperson" who has no particular friendship beyond making a false statement about the ability to pay, or receiving money as a fund for the purchase of the iron without any preparation; (d) the amount of fraud exceeds 58 million won; (e) the case is not less than 58 million won; (e) the victim did not agree with the victims and making efforts to recover the damage; and (e) the situation and contents of the crime of this case, the defendant's age, character and behavior, family relationship, occupation, and occupation, etc., which are the conditions for sentencing as shown in the records.

3. 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.