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(영문) 의정부지방법원 2016.04.28 2016노314
사기
Text

The defendant's appeal is dismissed.

Reasons

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

Judgment

It is recognized that the defendant paid 700,000 won to the victim at an investigative agency and deposited 2 million won for the victim in the trial of the party.

However, in light of the criminal law, such as the content of the instant deception, the crime is not likely to be committed.

The amount of damage is not significant, and the defendant was unable to agree with the victim until the trial is held in the court, and most of the damage has not yet been recovered.

In the past, the defendant has been subject to criminal punishment four times in all crimes of fraud, including the suspension of the execution of imprisonment for a crime of fraud.

The sentence imposed by the court below on the defendant constitutes the lower limit of the recommended sentence scope according to the sentencing guidelines set by the Supreme Court sentencing committee.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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