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(영문) 의정부지방법원 2014.05.30 2014노259
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant A: 10 months of imprisonment; the defendant B: imprisonment with prison labor for the crime No. 1 as stated in the decision of the court below; six months of imprisonment for the crime No. 2 as stated in the decision of the court below; and the defendant C: 8 months of imprisonment) is too unreasonable.

2. The Defendants’ confessions all of the crimes, but the amount of fraud of this case is considerably large, but there is no repayment or agreement up to the trial court. Defendant A has long been guilty of a suspended sentence of imprisonment due to the same crime, but Defendant B has three times of a fine due to the same crime, and Defendant C has two times of a suspended sentence of imprisonment, and Defendant C has two times of a fine due to the same crime. In full view of all other circumstances, the lower court’s sentence against the Defendants cannot be deemed unfair, since it cannot be deemed that the Defendant’s aforementioned assertion is too excessively unreasonable, inasmuch as it is based on the following circumstances: the Defendants’ age, character and behavior, environment, the process and contents leading to the instant crime, the degree of participation in the instant crime, and the degree of the following circumstances.

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

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