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(영문) 의정부지방법원 2016.12.23 2016노2884

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The following are the circumstances: (a) the Defendant appears to have committed the instant crime while recognizing all of the instant crimes; (b) the Defendant appears to have been partially recovered from the damage by repaying the amount of KRW 10 million, which is part of the amount acquired through deception, before the instant judgment is rendered; and (c) the equity with the case where the judgment becomes final and conclusive at the same time as

However, in light of the contents and methods of the instant crime, etc., in full view of the following: (a) the liability for the instant crime is not easy; (b) the amount of fraud is not less than KRW 35 million in total; (c) the damage was not yet recovered; and (d) the lower court appears to have sentenced the lower court to the recommended sentence determined by the sentencing guidelines in full consideration of the various circumstances of the Defendant; and (b) there are no special changes in circumstances that may reduce the sentence of the lower court; and (c) various circumstances that are conditions for the instant sentencing, such as the Defendant’s age, character, environment, background, method of the crime, circumstances after the crime, criminal record relation, etc., the sentence imposed by the lower court cannot

Therefore, the defendant's assertion is without merit.

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