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(영문) 창원지방법원 2020.09.25 2020노1671
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of this case is that the defendant, together with other accomplices, committed the crime of this case, by intentionally approaching the victims subject to the crime of fraud, and by deceiving about KRW 200 million on several occasions, and the crime is very poor, and the defendant has already been punished several times, and the defendant commits the crime of this case even though he was committed during the period of repeated crime, etc., which is disadvantageous to the defendant.

On the other hand, the crime of the fraud of this case was not planned by the defendant from the beginning, but it appears that B et al. specified the victims as the "subject of work", planned the crime, and then the defendant was involved in the act of assisting the defendant. The amount of damage of the crime of the fraud of this case is very large, or it appears that the amount actually received by the defendant is only a part of the amount paid to the victims, and the fact that the defendant partly compensated the victims and agreed with the victims is favorable to the defendant.

In full view of the aforementioned circumstances and other various sentencing conditions as seen above, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, balance of punishment with accomplices, etc., the Defendant’s punishment imposed by the lower court cannot be deemed unfair because it is too unreasonable. Thus, the Defendant’s assertion of unfair sentencing 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.

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