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(영문) 의정부지방법원 2019.11.29 2019노2311
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized all the facts charged in the instant case as well; (b) the Defendant has a criminal record of the same kind of crime; and (c) the Defendant has no record of having been punished in excess of the fine.

However, the crime of this case is committed by deceiving the victim to the effect that "the defendant is friendly with persons related to the military and delivered money to the military", which means that the crime of this case is committed by deceiving the victim to the effect that "the defendant would be able to pay money to the military, and deliver the 2,5750,000 won to the military," and in light of the method, circumstances, contents, etc. of the crime, the quality of the crime was poor, and the defendant did not agree with the victim up to the trial, and the damage was not recovered (refer to Articles 94, 135 of the evidence record). There is no special change of circumstances to change the sentence of the court below after the decision of the court below was made, and there is no other special reason to change the defendant's age, occupation, character, character, environment, family relationship, circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable, and the defendant's assertion is without merit

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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