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(영문) 의정부지방법원 2015.10.20 2015노2199
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession of and reflect on the instant crime, the first offender who has no record of criminal punishment, the partial repayment of the amount of damage, the deposit of an additional KRW 3 million for the victim in the trial, and the need to support his/her daughter who is a middle student.

B. However, in full view of the following circumstances: (a) the Defendant acquired a total of KRW 165 million from the victim 18 times; (b) the amount of damage was considerably large; (c) the amount of damage was not agreed with the victim until the court of the trial; and (d) the amount of damage was not recovered to a considerable part; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant, the lower court’

C. Therefore, the defendant's above assertion is without merit.

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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