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(영문) 수원지방법원 2016.01.27 2015노6596

사기

Text

The defendant's appeal is dismissed.

Reasons

1. On December 23, 2015, the Defendant, at the first instance trial date, withdrawn all the remainder of the arguments except unfair claims for sentencing.

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. The judgment accused acknowledges and reflects the instant crime, and there is no record of criminal punishment heavier than that of the same crime and of the suspension of qualification.

However, the crime of this case is not very good because it acquired a large amount of money exceeding KRW 100 million by taking advantage of the trust relationship with the victims living together with the relationship of the defendant.

In addition, even after a considerable period of time has elapsed since the crime of this case, there is no evidence to prove that the victims have not recovered from the victims, and that the defendant has made a serious effort to receive a letter of relief from the victims or recover the victims' damage.

In addition, considering the various circumstances, including the defendant's age, sex, environment, details and contents of the crime, and the circumstances after the crime, etc., which are the sentencing conditions as shown in the instant records and the previous theories, the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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