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(영문) 수원지방법원 2016.07.01 2016노2889

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The fact that the judgment is against the crime, the crime was committed for the basic livelihood, the defendant's family is faced with the difficulty of living due to the defendant's detention, the defendant's family does not have the same criminal record, and the defendant does not have any criminal record exceeding the fine is a favorable condition.

However, the fact that the amount of fraud exceeds 100 million won, the damage is not recovered, and the victim is punished.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions indicated in the previous theories, the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.