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(영문) 청주지방법원 2016.05.26 2015노1319

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 7,00,000) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant is divided into and reflected in the crime of this case.

The financial problem of the company operated by the defendant is likely to lead to the crime of this case.

Circumstances unfavorable to the defendant are as follows:

The defendant, by deceiving the victim, was supplied with the T-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

In 2001, the defendant was sentenced to three times of criminal punishment for the same crime as well as the one sentenced to imprisonment for a year and six months.

There is no change in circumstances that may change the sentence of the court below for the first time (the circumstance that the defendant wants to pay a fine in installments is a matter concerning the execution of a fine, and it is difficult to regard it as a circumstance that may be considered in sentencing). Considering the above circumstances, considering the Defendant’s age, sex, career, environment, background and result of the crime, and all of the sentencing conditions as shown in the instant records and the changed theories, such as the circumstances after the crime, the sentence of the court below is too unreasonable.

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.