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(영문) 수원지방법원 2016.04.07 2016노582
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is favorable to the defendant, such as the fact that the defendant reflects the crime of this case, and that the court below fully repaid the amount of damage to the victim C, and agreed that the victim shot the defendant's wife.

However, since the defendant was sentenced to imprisonment with prison labor for fraud and completed the execution of the sentence, the crime of this case was committed, and the crime of this case is likely to place the victim's children in the company and allow the victim to participate in the management of the company.

The victim was provided with KRW 30 million by making a false statement to the victim, and the amount of damage caused by the crime of this case is not so much, and the defendant would give birth to his/her friendly Gu in the past.

In addition, even though there was a history of being punished by a fine due to fraud under the same law, such as making a false statement and acquiring money, the crime of this case was committed, and in full view of all the sentencing conditions as shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive and circumstance of the crime, relationship with the victim, and circumstances after the crime, it is difficult to see that the sentence imposed by the court below is too unreasonable because it is too unreasonable. The above assertion by the defendant 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 (Provided, That in accordance with Article 25 (1) of the Rules on Criminal Procedure, the above "G" in Article 25 (2) 9 of the judgment of the court below shall be corrected to "the above G".

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