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(영문) 수원지방법원 2020.04.02 2020노366
사기미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and eight months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the Defendant recognized all of the crimes of this case and reflects them, and that the crime of Bosing is about attempted crimes, and that the Defendant has no criminal record exceeding the fine.

However, the crime of this case was committed under the same law again even though the defendant was issued a summary order of KRW 2 million due to the theft of money at home, which was 2,000,000,000 won by taking account of the fact that the defendant committed the crime of this case continuously committed the crime of this case even though he was punished four times due to fraud, it is difficult to regulate the crime of this case because it was closely and planned, it was hard to control the extent of damage, and it was provided with services on 40 occasions with the card, and it was also of structural character that is not easy to recover damage. Thus, since the social harm is very poor, the crime of this case was committed under the same law, even if the defendant was issued a summary order of KRW 2 million due to the theft of money at home, which was on 2016 and 2018, by taking account of the following circumstances, it is not necessary to punish the victim as well as the motive and condition of the crime of this case.

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 on the ground that it is without merit. It is so decided as per Disposition.

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