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(영문) 수원지방법원 2015.11.05 2015노4637

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant appears to have committed the instant crime due to the lack of economic circumstances at the time, and the fact that he or she repented and reflected his or her mistake is favorable to the Defendant.

However, there are many kinds of records that the defendant has been punished for suspended execution due to the same crime, and the crime of this case refers to the defendant's false statement as if he had the right to operate a restaurant at a large construction site by deceiving the victim B by obtaining money equivalent to KRW 30,000,000 from the victim for a long time in terms of entertainment expenses, activity expenses, etc., and the crime of this case is not proper. Although the damage suffered by the victim due to the crime of this case is reasonable, the defendant's refusal to summon the investigative agency and has escaped for a long time in order to escape from criminal punishment, and taking into account all other sentencing conditions such as the defendant's age, environment, character, etc., it is difficult to see that the sentencing of the court below is too excessive, and the above argument of the defendant

3. In conclusion, 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.