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(영문) 창원지방법원 2015.01.28 2014노2866
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case, even though the defendant did not have the intent and ability to pay the drinking value, is provided with the victim with the alcohol and speech equivalent to the sum of 730,000 won, and the victim expressed his attitude that he would have expressed a great voice within the singing shop operated by the victim D and make the victim feel that he would be at the time of the victim. As such, the defendant approved the crime of this case and responded to the victim, and the defendant reached an agreement with the victims at the investigation stage.

However, in the past, the defendant has been punished 10 times as a crime of fraud, and in particular, committed a crime listed in paragraph (1) during the repeated crime period for the same crime, and as a result of the application of the sentencing guidelines of the Sentencing by the Sentencing Committee, the recommending punishment for the crime of this case is difficult to view that the court below's sentencing is unfair in light of the following circumstances: (a) the maximum of the sentence range (which shall be 6 months to 6 months), which takes into account the maximum of the sentence range (which shall be 1/2 of the maximum of imprisonment (which shall be between January and January 1), which is considered as a special person for the crime of this case, in consideration of the sentencing range (which shall be 1/2 of the maximum of imprisonment) which is favorable to the defendant after sentencing the sentence that falls under the lowest sentence for the defendant, and there is no special circumstance that is likely to be newly considered in light of the records and circumstances of circumstances and circumstances of the defendant, as well as the form and conditions of the crime of this case, after considering sufficient consideration of the above circumstances.

Therefore, the defendant.

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