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(영문) 수원지방법원 2014.09.01 2014노3715

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is excessively unreasonable.

2. The Defendant, by deceiving a victim by forging a document, by deceiving him/her, thereby deceiving him/her about KRW 65 million, and the lower court’s punishment cannot be deemed unfair on account of the following: (a) the poor nature of the crime of this case was committed; (b) the circumstance that the Defendant repaid the amount of KRW 23 million to the Defendant; and (c) the equity with the case that he/she was tried on January 6, 2012, together with the case that became final and conclusive with the crime of fraud, appears to have already been considered at the lower court; and (d) there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment; and (b) other all the sentencing conditions indicated in the records and arguments of this case,

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.