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(영문) 창원지방법원 2016.06.02 2016노752

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant, while making a confession of a crime, is against the Defendant; (b) the Defendant paid approximately KRW 16.7 million to the victim as interest; (c) the primary offender is a favorable reason for sentencing; (d) the primary offender has committed a crime repeatedly seven times in total; and (e) the total amount of defraudation has not been stated as approximately KRW 32 million; and (e) the fact that the victim did not agree with the victim is an unfavorable

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s 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.