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(영문) 창원지방법원 2016.09.07 2016노1248

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognizes and reflects the crime of this case, and there is no criminal record subject to punishment for the same kind of crime, and it appears that the family members including the defendant and the branch members, etc. have made considerable efforts to recover from damage, and multiple branch members of the defendant wanted to break down their wife against the defendant, etc. are more favorable.

However, the crime of this case is an unfavorable circumstance, such as the fact that the amount obtained by deception by the defendant against many victims for a long time is about KRW 96,00,000, and the total amount of wages paid to 23 workers is about KRW 39,000,000, and the amount of damage is about KRW 200,000,000, and even until now, there is no payment of the money by deception exceeding KRW 200,000,

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., the lower court’s punishment cannot be deemed to be too unreasonable.

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