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(영문) 창원지방법원 2016.07.14 2016노591
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. We can take into account the following circumstances: (a) the person who was killed in the market; (b) the defendant led to confession and reflects on the facts of the crime; and (c) the prior conviction of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which the judgment became final and conclusive; and (d) the

On the other hand, in light of the fact that the sum of the amount of damage in this case is a large amount of KRW 200 million, the victims failed to agree with the victims until the trial was held, and there was no effort to recover the damage, and the defendant has a number of criminal records of property crimes including punishment sentenced in April 2009 by fraud, it is inevitable to sentence strict punishment against the defendant.

In addition, in full view of the facts that the court below determined the punishment against the defendant by taking into account all the circumstances, and there is no special change in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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