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(영문) 수원지방법원 2016.01.15 2015노6014
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant was found to have committed a crime in the first instance and against all of the judgment, that there was no criminal record exceeding the fine, that there was no criminal record against the Defendant, and that part of the amount was deposited by the Defendant, etc. are considered in favor of the sentencing.

However, the crime of this case is not likely to be a crime due to a case in which the defendant actively induces the victim to take property.

In light of the fact that the amount of damage exceeds KRW 120,000,000,00 in total, damage recovery or failure to reach an agreement with the victim, the court below's punishment was imposed within the scope of the recommended sentence guidelines, and other various circumstances, such as the defendant's age, environment, circumstances of the crime, means and consequence, etc., which are conditions for sentencing, such as the defendant's age, environment, circumstances of the crime, means and consequence, etc., it cannot be said that the sentence imposed by the court below is too unreasonable.

3. In conclusion, 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 is without merit.

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