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(영문) 의정부지방법원 2019.07.05 2019노1248
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of one-year imprisonment imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized all of the facts charged of this case and against mistake, and that the defendant agreed with the victim R, I, and N returned the amount of fraud to the victim R, N, etc. Meanwhile, each of the crimes of this case is highly poor in light of the frequency of crimes, methods, circumstances, and details of crimes, the amount of damage amount, etc. that the defendant deceivings six victims under the name of six victims, thereby deceiving them about a total of 7,1790,00 won on several occasions, and thus, the crime of this case is extremely poor; the defendant is deemed to have discharged only some damage amount to the victim C up to the trial; the victim Q and E did not agree with the victim Q and E or failed to repay the amount of damage amount; the defendant was sentenced two times, including a fine for the same crime of fraud; in particular, on December 22, 2016, the defendant did not have any special reason to acknowledge changes in circumstances such as imprisonment and suspension of execution, probation, and probation after being sentenced to imprisonment for 160 hours.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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