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(영문) 의정부지방법원 2016.04.05 2016노63

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment with prison labor) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects the crime of this case, there are no criminal records of the same kind, the fact that the court below reached an agreement with Q Q and T, and the fact that the court reached an agreement with the victim J in the trial of the party.

B. However, the total amount of damage caused by the instant crime reaches KRW 436,365,00,000, the Industrial Bank of Korea of the actual victim of the facts charged related to the victim J, the Bank of Korea of Korea of the Republic of Korea, and the foreign exchange bank, and the amount of damage calculated by deducting Q and T from the total amount of damage amount of KRW 344,315,00 from the total amount of damage amount. As a result, the court below did not recover damage; the victim Q and T were not recovered from the victim Q and T; the victim Q and T were not recovered from China during the investigation; the victim Q and T had not returned to China for more than seven years; the defendant was forced to stay from China for an illegal stay, and the defendant did not comply with an investigation for more than two years and six months until the entry into Korea after being arrested; and the defendant's age, circumstances after the commission of the instant crime and circumstances after the crime are considered too unfair even if punishment was imposed more favorable to the defendant.

(c)

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and it is so decided as per Disposition by the court below (Provided, That since it is apparent that the Defendant’s appeal was omitted by this mistake after the “small and Medium Enterprises” of the 2. 7 Myeon-2 of the judgment below, it is correct to add it ex officio in accordance with Article 25(1) of the Regulation