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(영문) 수원지방법원 2016.06.15 2015노7359
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Defendant asserted that the grounds for appeal submitted within the period for submission of the written reasons for appeal only on the grounds of the illegality of sentencing, and that in the written reasons for appeal submitted through the national defense counsel after the lapse of the period for submission of the written reasons for appeal, it is argued to the effect that “a person who is a G and obtains money by deceiving the victim and by deceiving the victim, and the Defendant has not obtained money by deceiving the victim.”

However, this does not fall under legitimate grounds for appeal, and it is not reasonable to examine it ex officio.

2. When determining the punishment for the instant crime, the circumstances favorable to the Defendant are to consider the case where the judgment is to be rendered simultaneously with the case where the judgment was rendered in the final judgment of the lower court.

However, since the amount of the fraud of this case is the sum of KRW 24.2 million and the damage has not been recovered, it is necessary to punish it accordingly.

In addition, considering all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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