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(영문) 전주지방법원 2016.01.13 2015노1533

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of the court below is against the defendant's confession of the crime of this case, and the victims do not want to be punished against the defendant by agreement with the victims. However, the crime of this case is committed in collusion with many people, and the crime of this case is committed by deceiving money from the victims by intellectual means, so it is very poor in its nature and criminal situation, and the damage amount is not significant, although the defendant was committed with the criminal act of this case, he was planned again within the short period of suspension of execution, and was arrested as a long period of time to avoid the invalidation of punishment and suspended execution, and there is no special change of circumstances to reduce the punishment of the court below in the past, and considering all the sentencing conditions as shown in the records and changes in the theory of this case including age, sex, living environment, relationship with victims, the means and results of the crime of this case, it cannot be deemed that the punishment of the court below is too unfair.

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.