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(영문) 의정부지방법원 2016.06.23 2016노866

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unreasonable.

2. It is recognized that the judgment defendant agreed with the victim, his/her mother and child has a family member to support (the mother and child).

However, the defendant committed a fraud against the victim who was in a trust relationship, and the amount of money obtained by deception is also large.

Although the Defendant reached an agreement with the victim, it seems that no substantial damage has been recovered.

The defendant has the same kind of meeting and the previous conviction of the suspension of the execution of imprisonment due to the same crime, including the previous conviction.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's 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.