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(영문) 의정부지방법원 2016.06.16 2016노691

사기

Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal is unfair because the sentence imposed on the defendant (two years of suspended sentence for six months of imprisonment) is too unreasonable.

Judgment

It is recognized that there is no record that the defendant has been punished for the same crime and there is no record of punishment exceeding the fine, and that the defendant has paid considerable money to the victim as interest.

However, the crime of this case is not against the quality of the crime by deceiving the victim by deceiving the use of the borrowed money in excess of the defendant's debt, and the amount of the damage of this case is not specified, and the principal of the borrowed money still remains actual damage to the victim because it is not repaid.

must be viewed.

In addition, the above sentence that the court below decided against the defendant is the lower limit of the recommended sentencing range according to the sentencing guidelines established by the Supreme Court sentencing committee.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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