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(영문) 수원지방법원 2017.11.08 2017노5253
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. Determination is recognized that the Defendant deposited the amount equivalent to the amount of damage the victim requested (the trial record 23,50 pages). However, the court below seems to have set a sentence by fully considering the aforementioned favorable circumstances. However, the court below also held that the Defendant had the records of the same kind of crime several times including the two previous criminal records. In particular, on June 17, 2015, the Defendant was sentenced to imprisonment with prison labor for not less than one year in the Suwon Detention House on February 11, 2016, and seven months have not passed since the execution of the sentence was completed, and the Defendant again committed the instant crime. The instant crime was obtained by deceiving money from a female victim via the Internet, and the nature of the crime was bad, and the Defendant’s age, sex and family environment, motive, means, result, etc. of the crime, and the circumstances after the crime were committed, and the judgment of the court below is not reasonable. Accordingly, the Defendant’s assertion is not justified.

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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