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(영문) 의정부지방법원 2015.10.06 2015노2040
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession of and reflect against the instant crime, that the lower court agreed with the Victim K (the amount of damage KRW 18.3 million), and that there was no record of punishment for the same crime.

B. However, in full view of the following circumstances: (a) the Defendant is expected to pay high interest rate, and (b) the Defendant acquired 4 victims a total of KRW 552 million on several occasions; (c) the crime was very bad in light of the amount of defraudation and the Criminal Procedure Act; (d) the crime was not agreed with the victims excluding K up to the trial; and (e) the Defendant’s age, details of the crime, and circumstances after the crime were committed; and (e) other circumstances that are conditions for the sentencing specified in the instant argument, including the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, even if considering the aforementioned circumstances favorable to the Defendant.

C. Therefore, the defendant's above assertion is without merit.

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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