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(영문) 수원지방법원 2021.01.14 2020노6189

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is recognized as follows: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant recovered part of the damage; (c) the Defendant is receiving treatment for high blood pressure and urology, etc.; and (d) the Defendant has no criminal record other than criminal punishment once, due to the Defendant’s violation of the Labor Standards Act.

However, the crime of this case is committed by deceiving victims under various circumstances without the victim's intent and ability to repay the amount of money, and by deceiving them as a sum of KRW 260 million under the name of the borrowed money. In light of the law of the crime, etc., the nature of the crime is very poor and the responsibility for the crime is very heavy, and the damage was not recovered and the defendant did not receive a letter from the victims. In full view of the defendant's age, career, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime, and the sentencing of a similar case as shown in the records and arguments of this case, such as the circumstances after the crime, it cannot be deemed unfair because the court below's punishment against the defendant is too excessive.

Therefore, the defendant's above assertion 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.