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(영문) 의정부지방법원 2014.03.20 2013노2791
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment accused reflects his mistake, and that prior to the crime of this case, the Defendant has no other penalty force except twice a fine due to the violation of the Road Act and twice a fine due to the violation of the Labor Standards Act.

However, in full view of the following facts: (a) the amount of the instant fraud was not less than 79 million won in total; (b) the Defendant is still unable to repay the damage at all; and (c) the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, method and consequence of the crime; and (d) the sentencing conditions specified in the records and arguments, including the circumstances before and after the crime, it is difficult to deem that the sentencing of the lower court is too unreasonable.

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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