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(영문) 수원지방법원 2015.10.07 2015노4465

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The Defendant appears to be against the instant crime when the judgment was rendered in the first instance, and the fact that the Defendant was not paid the subcontract price, resulting in the instant crime, is more favorable to the Defendant’s sentencing.

However, considering the fact that the amount of fraud of this case is not significant, and about five years have passed since the date of the crime of this case, no damage has been recovered to the victim until now, and the motive and circumstances leading up to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., as well as various circumstances, which are conditions for sentencing as shown in the records and arguments of this case, it is not determined that the sentence imposed by the court below

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