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(영문) 수원지방법원 2019.10.24 2019노4796

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances are recognized, such as the Defendant’s confession of the instant crime and reflects the Defendant’s mistake in depth, the Defendant’s repayment of KRW 8.2 million to the victim, and the Defendant’s child ought to be considered, which seems to have been already considered in the sentencing of the lower court.

In addition, the crime of this case was committed by deceiving the victim and deceiving the victim of KRW 42.8 million, and the crime of this case was committed in light of the methods and contents of the crime, etc., it is not recognized that the sentence of the court below is improper because it is too too unreasonable, considering the following circumstances: (a) the balance of sentencing with the case of the same or similar type of crime, including the fact that the victim was not injured in light of the methods and contents of the crime; (b) the amount of damage has not been fully recovered until now; and (c) the defendant has a record of criminal punishment once as to the same crime; and (d) other conditions of sentencing as shown in the argument of this case, such as

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.