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(영문) 청주지방법원 2016.11.04 2016노963
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The lower court rendered a sentence by comprehensively taking account of the circumstances such as the Defendant’s consistent and insufficient reflectiveness, the total amount of damage to KRW 50,000,000 and did not reach the damage recovery, the Defendant committed each of the instant crimes during the suspension period of execution after being sentenced to two years of suspended execution in August due to forgery and use of private documents, embezzlement, and other factors of sentencing as stipulated under Article 51 of the Criminal Act.

In light of the following: (a) the Defendant changed his attitude to make a confession of all the facts charged and to reflect the mistake in the process of the trial; (b) however, the Defendant still failed to recover the victim’s damage (the Defendant was to pay 1.5 million won to the victim; and (c) failed to pay the victim in the trial; and (d) other conditions of sentencing, statutory penalty, sentencing guidelines, etc., the lower court’s determination of sentencing is not deemed unreasonable.

Therefore, we cannot accept the defendant's argument during the sentencing.

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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