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(영문) 전주지방법원 2020.04.23 2020노275
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant himself/herself repented his/her crime from the investigation stage to the trial of the case; and (b) the defendant voluntarily expressed the victims of the instant crime before the victims become aware of the damage.

However, the crime of this case is that the defendant acquired approximately KRW 700 million in total from the victim mother for about 10 years, and the amount of the damage is very large, the most of the defrauded money was scambling, and the circumstances after the crime are not good, the defendant was sentenced to imprisonment for the same kind of crime at the Seoul District Court on December 19, 2001, and the damage was not completely recovered, and the victims wanted to punish the defendant, there is no new circumstance or change of circumstances that can be reflected in the sentencing after the sentence of the judgment of the court below, and other conditions of the defendant's age, character and conduct, environment and other sentencing are considered as being considered, it cannot be said that the sentence of the court below is too unreasonable.

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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