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(영문) 수원지방법원 2018.11.22 2018노5848
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the defendant appears to have an attitude against the judgment, although it is recognized that the profit acquired by the defendant is part of the amount of fraud, it is not unfair because the crime is inferior in light of the circumstances and methods of the crime, the amount of fraud is heavy and the actual profit of the defendant has been realized, the damage has not been recovered, and all of the sentencing conditions specified in the records and arguments of this case, including the defendant's age, sex, criminal conduct, environment, family relationship, motive, method of the crime, and circumstances after the crime, etc., are considered.

3. According to the 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.

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