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(영문) 수원지방법원 2015.07.28 2015노531

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant (unfair form of punishment) and the fact that the Defendant’s error is against the Defendant, the economic situation is difficult, and efforts are made to recover damage, the sentence of the lower court that sentenced a fine of KRW 3 million is too unreasonable.

2. On May 24, 2013, the Defendant was sentenced to three million won as a crime of fraud in the Vice-Support of the Incheon District Court on Incheon District Court on May 24, 2013, and the record of criminal punishment for the same crime was several times, and the damage recovery was not performed up to the trial. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and conduct, and the environment, as indicated in the records and arguments of this case, the lower court’s punishment is not determined to be unfair, considering all the circumstances alleged in the grounds for appeal, and

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal for conclusion. It is so decided as per Disposition