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(영문) 수원지방법원 2015.10.21 2015노4966

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment accused acknowledges and reflects the instant crime, and there is no record of criminal punishment heavier than that of the same crime and of suspension of qualification.

However, the crime of this case is not likely to be committed by embezzlement of the amount equivalent to KRW 130,000,000 for the game machine and the studio sales proceeds while working as an employee of the game machine and the studio store, and by deceiving a trader to supply the game machine at a low price, and by deceiving the trader with the amount equivalent to KRW 88,00,000 for the game machine.

Even though the total amount of damage exceeds KRW 218 million and considerable time has elapsed after the crime of this case, there is no evidence to recognize that the defendant has made a serious effort to recover damage.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair because the sentence imposed by the lower court 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 since it is without merit. It is so decided as per Disposition.