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(영문) 수원지방법원 2020.08.20 2020노2862
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects the mistake in depth, that the Defendant did not have any particular criminal record except for the Defendant who was sentenced to a fine twice prior to about 30 years, and that the Defendant’s wife and children wanted to have the Defendant’s wife against the Defendant.

However, the crime of this case was committed by the Defendant by deceiving the victim and by deceiving 300 million won as a loan for investment in redevelopment projects. In light of the method and contents of the crime, the crime is not deemed to have been committed and the amount of damage is very heavy, and the damage was not recovered even though 9 years have passed since the date of the crime, and the damage was not received from the victim. In full view of various sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, motive and background leading up to the crime, means and consequence of the crime, and circumstances after the crime, etc., it is not recognized that the lower court’s punishment is unreasonable.

Therefore, the defendant's assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.

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