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(영문) 의정부지방법원 2016.07.07 2016노946

사기

Text

The defendant's appeal is dismissed.

Reasons

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

Judgment

It is recognized that there was no record that the Defendant was punished for fraud prior to the instant case, and that each of the instant crimes is related to the crime for which judgment became final and the crime subject to concurrent crimes after Article 37 of the Criminal Act, such as the first head of the crime committed in the judgment below, and that the case where each of the instant crimes is adjudicated simultaneously under Article 39(1) of the Criminal Act,

However, even though the amount of damage in this case exceeds 19 million won in total, the defendant was unable to agree with the victims until the party in question, and the damage was not completely recovered.

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, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.