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(영문) 전주지방법원 2017.02.10 2016노1723

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 (three years of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant was found to have committed the instant crime in late late when the judgment was made; (b) there was no past record of criminal punishment or criminal punishment exceeding a fine due to the same kind of crime; (c) the victim E and the victim do not want the punishment of the Defendant; and (d) the Defendant’s family members wished to have the Defendant’s wife blickly.

On the other hand, the crime of this case is committed in collusion with D in order for the defendant to establish a processing-based investment site and by deceiving the victims with a total of KRW 42 million under the name of investment, etc., which are not less than that of the crime, and the amount of damage caused by the crime of this case is considerably large, and no effort has been made to recover victims from damage until the trial of the party.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, 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.