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(영문) 의정부지방법원 2015.09.02 2015노1734

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (one hundred months of imprisonment and confiscation) too unreasonable; and

2. The fact that the judgment of the defendant recognizes and reflects the crime, the growth environment of the defendant was weak, and the fact that the crime such as the crime in this case has been easily interrupted is favorable to the defendant.

However, the crime of this case is not highly likely to be committed by repeatedly defrauding more than KRW 9 million from 46 victims through the same method. Nevertheless, the victims' damage has not been recovered. The defendant was sentenced to 10 months of imprisonment with prison labor due to habitual fraud under the several laws as in this case on January 15, 2014 and on September 23, 2014, even after the execution of the sentence was completed on September 23, 2014, the defendant's criminal records and relationship, motive, method and consequence of the crime of this case, circumstances after the crime, etc., as well as the scope of the recommended sentence under the sentencing guidelines of the Supreme Court [the lower court's recommendation to punish too less than 19 years of imprisonment with prison labor where the crime of this case was committed on September 23, 2014].

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.