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(영문) 의정부지방법원 2018.01.18 2017노2584
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime, that the defendant provided KRW 50 million to the victim with the victim, who is the child of the defendant who is the joint defendant's interest at the court below's stage, and the victim expressed his/her intention not to want the punishment against the defendant, that the economic situation of the defendant is difficult, and that the defendant's health status

However, despite the fact that the defendant was disqualified as an appraiser, the crime of this case was acquired by deceiving the total of 77 million won from the damaged person by hiding such circumstance, and the crime of this case is not very good.

Although the Defendant asserts to the effect that the degree of participation in the case is lower than that of accomplices, the Defendant, on November 24, 2014 and December 4, 2014, committed a direct deception against the victim, which is difficult to accept.

The defendant has three previous criminal records, including the previous criminal records which have been punished by imprisonment, and has four previous criminal records related to the qualification of appraiser.

There is a change in circumstances that would be different from the original judgment in the case of the other party;

shall not be deemed to exist.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's 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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