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(영문) 의정부지방법원 2014.01.16 2013노1900
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. Although the circumstances such as the fact that the defendant misleads the defendant, and the defendant committed the damage recovery, the court below's punishment is appropriate and too unreasonable, taking into account the following factors: (a) the defendant committed the crime of this case without having been sentenced to imprisonment with prison labor due to the same kind of crime despite the fact that the criminal act of this case constitutes a repeated crime; (b) the total sum of the acquired money of this case constitutes a repeated crime; and (c) the damage recovery has not yet been made up until now; and (d) the defendant's age, character and conduct, occupation and environment, circumstances and results of the crime; and (e) various sentencing factors of this case, such as the situation after the crime, etc.

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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