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(영문) 수원지방법원 2017.08.17 2017노4157
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal by the defense counsel (unfair sentencing) that the defendant recognized the error in the final judgment, against the fact that he made efforts to recover damage, etc., the sentence of the lower court that sentenced one year to imprisonment is too unreasonable.

2. The crime of this case is that if the defendant conspireds with A, who is his wife, and invests money in the F shop operated by the defendant with a lot of money or with a plan to rent in the future, the principal will not be guaranteed, but the defendant will not enter into an investment contract with the other party while leaving the profit of KRW 1.5 million to KRW 2 million per month as well as with the other party.

On September 22, 2014, the Defendant was sentenced to a suspended sentence of one year on the part of June, 2015 and the above judgment became final and conclusive on April 16, 2015, in the relationship between each of the crime in this case and the concurrent crimes after Article 37 of the Criminal Act, and the court below seems to have reflected the favorable sentencing, and there is no special change in circumstances that may be considered in sentencing at the court below, and in full view of all the conditions of the sentencing recorded in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive, circumstance, circumstance, etc. of the crime and circumstances after the crime, etc., the circumstances that the judgment of this case became final and conclusive and the judgment of this case should be considered together with the case to be punished are deemed to have already been reflected in the sentencing due to the favorable reasons, and there is no other special reason to believe that the above judgment of the court below is too unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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