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(영문) 수원지방법원 2016.06.02 2015노7602
사기
Text

The defendant's appeal is dismissed.

All the costs of the trial by the original instance and the trial by the party shall be borne by the defendant.

Reasons

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized the instant crime, five million won reimbursement to the victim E in the course of the investigation, and the victim does not want the punishment of the Defendant, and the fact that the Defendant has no record of criminal punishment, etc. should be considered favorably.

However, in full view of the following factors: (a) the money that the Defendant acquired by deception from the injured person in the instant crime exceeds KRW 16 million; (b) the Defendant planned to acquire the said money by deception; (c) the Defendant concealed the victim’s whereabouts for more than six years after the victim filed a complaint after the instant crime; and (d) other various sentencing conditions, including the Defendant’s age, sexual behavior, environment, and family relationship, the sentencing of the lower court cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition by the court below and the court below's decision pursuant to Articles 191 (1), 190 (1), and 186 (1) main text of the Criminal Procedure Act on the grounds that all costs of the trial shall be borne by the defendant.

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