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(영문) 창원지방법원 2015.01.21 2014노2160
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service order of 120 hours) is too unreasonable.

2. The crime of this case was committed by obtaining the victim a total sum of KRW 900,00 from the victims in spite of the defendant's intent and ability to pay the drinking value, and was acquired through deception, and there is a favorable circumstance such as recognizing the crime of this case and reflecting it.

However, it is recognized that the Defendant did not recover the amount of damage caused by the instant crime, and that there was no agreement with the victim, and that the Defendant had been punished seven times in the past, and that the Defendant had a record of being punished for fraud. As a result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee, the recommending punishment for the instant crime was between June and January, and the lower court sentenced the Defendant to a suspended sentence equivalent to the lower limit of the recommended sentence, taking full account of the favorable circumstances as seen earlier, and there is no special circumstance or change in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was sentenced, and it is difficult to view that the sentence imposed by the lower court is unreasonable by taking into account all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, means and consequence

Therefore, the defendant's assertion is without merit.

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

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