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(영문) 의정부지방법원 2016.09.30 2016노1900
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. On the grounds of appeal, the following facts are considered as favorable to the Defendant: (a) the Defendant recognized all the criminal facts of this case and against his mistake; (b) the Defendant partially repaid money to the victim C, F, and G under the pretext of interest, etc.; and (c) the victim K (total amount of damage KRW 287 million) and the Defendant agreed to the sole extent.

However, each of the crimes of this case committed by the defendant is not less than 50 million won in light of the contents and methods of the crime, and the total amount of damage of each of the crimes of this case is more than 560 million won in total, and no agreement or complete recovery has been made with the victims excluding the victim K up to the present day, the victim N/J has been punished several times due to the same crime, and there has been several records of punishment due to the same kind of crime. Considering the various circumstances of the defendant, the court below sentenced the recommended sentencing guidelines [general fraud, two types (not less than 100 million won, less than 50 million won), aggravated area (not less than 2 years to 6 years), embezzlement, 100 million won in total, 10 million won in prison, 10 million won in prison, 10 years in prison, 10 years in prison, 10 years in prison, 2 years in prison, and 6 years in prison, 15 years in prison, and 6 years in prison circumstances]. The court below seems to have any specific punishment for the defendant.

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