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(영문) 수원지방법원 2020.02.06 2019노6944

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s confession of the instant crime and reflects his mistake, the Defendant appears to have come to commit the instant crime due to his living conditions, and the Defendant did not have any previous conviction, which seems to have been already considered in the sentencing of the lower court.

In addition, the crime of this case was committed by deceiving the victim that the defendant would be able to borrow a loan, thereby deceiving three mobile phones equivalent to 5,115,00 won in total under the pretext of lending document values, etc. The crime of this case is considerably poor in light of the methods and contents of the crime, planning, intelligence, etc., the crime of this case is committed, the criminal liability of the defendant remains unrepared for the victims who are socially and economically weak, and the crime of this case remains unrepared with damage such as the terminal price and communication fee, etc. The defendant is also running a loan advertisement through SNS in order to color the target of the crime. Since the crime of this case has the nature of the crime against many unspecified victims, the crime of this case requires a strict punishment of the defendant, the equity in sentencing and punishment, and other factors such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., it is not recognized that the punishment of the court below is too inappropriate.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.