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(영문) 수원지방법원 2016.01.27 2015노6547

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (three years of imprisonment) is too unreasonable as to the summary of the grounds for appeal.

2. Even when considering the fact that there is a family member to support the defendant's crime, the crime of this case is committed by deceiving five victims in total, by deceiving them to commit the crime of this case, by deceiving them total of 326,800,000 won, by committing the crime of forgery of private documents and uttering of the above investigation documents while accompanying the crime of fraud, and not paying wages of 2,60,000 won to retired workers AF, in light of the circumstances of the crime, method and contents of the crime, the nature of the crime is not good, repeated of the crime against many victims, the method of forgery of documents, etc., and the method of fraud is inadequate. In particular, the defendant was sentenced to criminal punishment several times for fraud on July 2008, and the execution of the punishment was completed on May 2009, and there is no reason to recognize that there is no specific motive for the crime of this case to recover the victims and/or any other reasons for the crime of this case, and there is no further agreement or any other reason for the crime of this.

3. According to the conclusion, Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it has no reason to file an appeal, and it is so decided as per Disposition (Article 35 of the Criminal Act aggravated repeated crimes of 1.0 pursuant to Article 25(1) of the Regulation on Criminal Procedure). Of the application of the judgment of the court below, “Article 35 of the Criminal Act aggravated repeated crimes of 1.0” (Article 25 of the Criminal Act aggravated repeated crimes of 1.00 [Article 209 of the Criminal Act], each of the crime of fraud, fabrication of private documents, each of the above investigation documents, each of [Article 2015 Height 1778 [Attachment 1778] Violation of the Labor Standards Act, [Attachment 4322], and correction