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(영문) 수원지방법원 2016.01.08 2015노6047
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant is recognized as committing the instant crime and there is no criminal record exceeding the fine.

However, in full view of the following circumstances: (a) the Defendant deceivings a victim by using personal trust relationship; (b) obtained pecuniary benefits equivalent to KRW 25,670,306; and (c) the nature of the offense was poor; (b) the Defendant did not agree with the victim until the Defendant was in the trial; and (c) the Defendant did not recover from damage; and (d) the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the commission of the offense, etc., the lower court’s punishment is too unreasonable.

Therefore, the above unfair argument of sentencing by the defendant and his defense counsel is without merit.

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

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