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(영문) 의정부지방법원 2018.12.10 2018노2807
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized the entire crimes of this case and reflected against the victim, the fact that the Hadra appears to have been punished for the same kind of crime, the fact that there is no record of punishment for the same crime, and the fact that all of the decisions of the court below should consider equity with the case of the ordinary car fire prevention as stated in the judgment of the court below.

However, each of the crimes of this case committed by the defendant does not have an intention or ability to revoke it normally even after receiving additional payments, but it is not good to have acquired money by means of additional payments for many victims, and it is a large amount of money that is obtained by fraud amounting to 233,758,000 won. Nevertheless, it was not received from the victims. Nevertheless, it was disadvantageous circumstances such as the actual victim's age, sexual behavior, environment, circumstance of the crime, circumstances after the crime, etc., and other circumstances that are the conditions for the sentencing of this case as shown in the records, including the fact that the court below's punishment is deemed reasonable and too unfair. Thus, the defendant's argument of sentencing is without merit.

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.

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