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(영문) 창원지방법원 2015.09.23 2015노1646
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) shall be excessively unreasonable.

2. Although there are favorable circumstances such as the confession and reflect of the defendant, the amount used by the defendant out of the amount of KRW 120,000,000,000,000 used by the defendant, the remaining amount of KRW 70,000,000 used by M was paid to the victim, the defendant was fined or has no criminal record of the same kind, the defendant was suffering from unexpected damage even though the amount was a large amount of damage, the defendant paid damages up to the trial or did not reach an agreement with the victim, and there was no special reason to change the sentencing after fully considering the favorable circumstances of the defendant, such as the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee of the Supreme Court (one year to four years of imprisonment) and other factors of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is excessively 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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