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(영문) 창원지방법원 2020.06.12 2020노532

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2 years of imprisonment) by the lower court is too unreasonable;

2. The circumstances favorable to the defendant are that the defendant recognized each of the crimes of this case, and the defendant agreed with U among the victims, and some of the victims have been paid with money under various circumstances.

On the other hand, each of the crimes of this case is that the defendant acquired approximately KRW 300 million from 12 victims, and the victim is a majority, the amount of damage is considerably high, the victims other than U.S. do not properly take measures for recovery of damage, there is a history of criminal punishment for the defendant several times, a majority of the previous crimes, and the fact that the defendant again committed the crime of this case during the period of repeated crime due to the previous crimes is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime, and the scope of recommended sentencing guidelines, it cannot be deemed that the Defendant’s punishment imposed by the lower court is too unreasonable. Thus, the Defendant’s assertion of unfair sentencing is without merit.

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.