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(영문) 수원지방법원 2018.02.12 2017노7888

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below on the defendant (six months of imprisonment).

2. The defendant shows an attitude against his or her misunderstanding in both cases, and the defendant has only been subject to criminal punishment of a fine once for this type of crime.

In addition, it seems that the defendant paid the victim the amount of KRW 13 million as interest in several times.

However, each of the crimes of this case is not likely to be committed in light of the contents of each crime, the scale of damage, etc., as the defendant acquired a total of 50 million won from the damaged person on two occasions under the pretext of business operation funds.

In addition, the damage caused by each of the crimes in this case was not recovered.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the punishment imposed by the court below against the defendant is too unreasonable, and therefore, the above argument by the defendant 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.