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(영문) 수원지방법원 2017.05.19 2017노1010
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced two years and six months of imprisonment, taking into account the circumstances favorable to the Defendant and unfavorable to the Defendant, and the sentencing guidelines of the Sentencing Commission (one year to four years of imprisonment) / [the scope of the recommended sentence] of the general fraud type 1 (one hundred million won or more, and less than five hundred million won) and the basic area (one year to four years) (one year).

The judgment of the court below exceeded the reasonable scope of discretion when comprehensively taking into account the following factors: the amount of damage caused by each of the instant crimes exceeds 450,000 won, the applicable sentences, and the sentencing guidelines; and in particular, the judgment of the court below exceeded the reasonable scope of discretion.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the defendant's age, sex, environment, circumstances, and result of the crime, etc. are considered, the sentence of the court below is proper and too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 for conclusion is without merit.

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