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(영문) 창원지방법원 2014.10.08 2014노1289
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The instant crime was committed in favor of the Defendant, even though the Defendant did not have the intent or ability to repay the borrowed money to a person having business difficulties while running a personal business, by deceiving the victim, and received KRW 50 million as the borrowed money from the victim. The Defendant recognized the instant crime and closely reflects the wrongness of the Defendant.

However, in full view of the fact that the amount of damage is not so small that the defendant has yet to agree with the victim or has not repaid damage, that the defendant has been punished several times due to the same kind of crime, that the court below has determined the punishment by fully considering the circumstances favorable to the defendant, that there is no change in circumstances that could be different from the judgment of the court below in this court, the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court [the range of recommending punishment: between June and June], and other circumstances that form the conditions for the sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, background, means and consequence of the crime, etc., the sentence imposed by 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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