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(영문) 의정부지방법원 2014.07.03 2014노713
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is against the defendant's mistake, and it is recognized that there is no particular penalty other than twice the punishment of a fine for a double-class crime, but the amount of the fraud of this case reaches 190 million won in total. Nevertheless, in full view of the fact that the defendant has not repaid most of the damages in addition to the repayment of the above defraudion amount, and other conditions of punishment as shown in the records and arguments, such as the defendant's age, character and conduct, environment, motive and background, method and result of the crime of this case, and circumstances before and after the crime, it is difficult to see that the sentencing of 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 since it is without merit. It is so decided as per Disposition.

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