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(영문) 전주지방법원 2013.08.09 2013노578

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the court below (the defendant A: the imprisonment of 8 months and the imprisonment of 6 months) is too unreasonable in light of all the sentencing conditions in the grounds for appeal.

2. The defendants to determine the grounds for appeal of this case recognized all of the crimes of this case and divided them in depth, and the defendant Eul deposited KRW 3,00,000 to the victim Hyundai Card Co., Ltd. for the first time.

However, in full view of the following factors: (a) the sum of defraudation amount is KRW 52 million; (b) Defendant A did not take any measures to recover damage up to the trial of the party; (c) had been punished several times for the same crime; and (d) other factors of sentencing under Article 51 of the Criminal Act as indicated in the instant case, such as the Defendants’ age, character and conduct, intelligence and environment, criminal records and criminal records, and motive and circumstance of the crime, it is deemed that the lower court’s punishment against the Defendants is too unreasonable, and thus, the Defendants’ assertion of unfair sentencing is without merit.

3. In conclusion, since all appeals by the Defendants are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.