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(영문) 청주지방법원 2018.05.25 2018노220
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (eight months of imprisonment) is too unreasonable in light of the following: (a) the summary of the grounds for appeal (unfair sentencing) recognizes and reflects the instant crime; and (b) the Defendant is against it.

2. The fact that the judgment defendant recognized the crime of this case and reflected it is favorable to the defendant.

However, the crime of this case does not properly explain the risk of the FX Mein transaction to the victim and does not guarantee the principal.

In full view of the circumstances such as the defendant's age, health status, sexual conduct, environment, circumstance of this case, circumstances before and after the crime, etc., the sentence of the court below does not seem to be unfair because it is too unreasonable, considering the following: (a) the fact that it is not good to commit the crime by deceiving the victim by receiving the investment money from the damaged party; (b) the victim does not reach an agreement with the victim that the injured party wants to punish the defendant; and (c) the defendant committed the crime of this case even though he has been punished several times by the fraudulent act of acquiring the money under the name of the investment money; and (d) the defendant committed the crime of this case; and

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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