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(영문) 의정부지방법원 2016.04.05 2015노3029
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 6 million) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession and reflect of the instant crime, the Defendant was the first offender, and the health status appears to be not good.

B. However, in full view of the following circumstances: (a) the nature of the instant fraud crime is not good; (b) the amount of damage was a considerable amount of KRW 18 million; (c) the victim did not agree with the victim; and (d) the damage was not recovered; and (e) the Defendant’s age, details of the crime, and circumstances after the commission of the crime, etc.; and (b) the sentencing conditions specified in the instant pleadings are considered in light of the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, even if considering

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

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