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(영문) 의정부지방법원 2016.09.20 2016노1665

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects his gender, and that there is no criminal record for the same kind of crime.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime was a large amount of up to KRW 138 million; (b) the victim H and J did not agree with the victim C; (c) the repayment amount was agreed upon with the victim C; (d) the damage was not recovered for KRW 5 million; and (e) the remaining amount was not recovered for KRW 55 million; and (e) the Defendant’s age, circumstances leading to the instant crime, and circumstances after the commission of the instant crime, etc., even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’s punishment is too unreasonable.

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

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