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(영문) 수원지방법원 2015.11.13 2015노5046
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The lower court considered the fact that the Defendant deposited KRW 50 million for the victim, that it was an offense accompanying the process of business rather than acquiring the victim’s property through deception from the beginning, and that there was no same criminal record from the beginning, etc. in favor of sentencing, and determined the punishment by taking account of the fact that the amount of damage is not significant in the amount of damage, etc. disadvantageous to sentencing.

Compared with the evidence of the court below, the court below reviewed the reasons for sentencing, and further considered the punishment within the scope of the recommended sentencing guidelines (from October to February 2), the unrepared amount exceeds KRW 140 million, and other various sentencing conditions, such as the defendant's age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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