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(영문) 의정부지방법원 2013.06.13 2013노933

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment with prison labor (10 months) by the lower court is too unreasonable.

2. On the other hand, considering the following facts: although the Defendant did not have any criminal history more than the suspension of execution, there was no agreement with some victims; although the Defendant was found to have opposed to his mistake, the amount of damage to the fraudulent crime is not significant, and thus no damage recovery or agreement has been reached, and the instant fraudulent act was committed for a planned period of time, and the nature of the crime is not good; in light of all the sentencing conditions indicated in the records of the instant case, such as the background leading up to the commission of the crime, the Defendant’s age, character and conduct, family environment, and circumstances after the crime, the sentence of the lower court against the Defendant is too unreasonable.

3. 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.