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(영문) 의정부지방법원 2018.09.17 2018노2005
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced is too unreasonable (4 months of imprisonment).

2. It is recognized that the Defendant recognized his mistake and reflected his mistake, and each of the damages of this case is relatively small, and that the victim C paid KRW 800,000 to the victim and agreed to do so.

However, the Defendant committed the instant crime even if he/she had been punished several times due to the previous crime, including imprisonment with prison labor, and committed a repeated crime due to the crime of fraud, etc. in the judgment of the court below (the instant case also constitutes the crime of fraud, etc.). In particular, the Defendant committed the instant crime since he/she was issued a summary order of KRW 500,000 due to the Defendant’s fraud on November 15, 2017, when he/she received a summary order of KRW 500,000 from Gangwon District Court Branch Branch on June 30, 2017, he/she did not go against the order. After committing the instant crime, the Defendant again committed the instant crime since he/she was given a summary order of KRW 50,00,00,000 due to the Defendant’s crime of fraud, etc., requiring the victim to inform the account number of the victim, who did not comply with the above request, considering the circumstances that the Defendant did not respond to the request, and the circumstances following the lower court’s new sentence or changes in the circumstances and circumstances following the Defendant’s circumstances and circumstances.

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

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