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(영문) 수원지방법원 2016.07.21 2016노2623

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant recognizes the crime of this case, the defendant has no record of criminal punishment so far, and the defendant's wife is waiting for childbirth, etc. are favorable to the defendant.

However, in light of the fact that the defendant obtained a loan from the victim Hyundai Capital Co., Ltd. for the purchase of used cars and obtained the loan from the victim's Hyundai Capital Co., Ltd., the defendant paid the above loan once, and the defendant did not pay the above loan properly, and the defendant has been subject to criminal punishment several times at the time of the crime of the same type of fraud, and the defendant committed fraud under the Act by means of resale of other used cars purchased by the victim from the victim company at the time of the crime of the crime of the crime of this case, and the defendant committed the crime of this case again during the period of the suspended execution, even though he was sentenced to 6 months of imprisonment with prison labor for special larceny, etc. on October 31, 2012, and 2 years of suspended execution, and other various sentencing conditions such as the defendant's age, sex, environment, family relationship, etc., the sentencing of the court below cannot be deemed unfair because it is too large.

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.