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(영문) 의정부지방법원 2015.12.09 2015노2536
사기
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 four months of imprisonment) is too unreasonable;

2. The judgment of the court below recognizes all the crimes of deception until the court below is the case where the defendant contests the criminal intent of deception until the court below, and repents his mistake, the defendant cannot be said to have been subject to deception in light of the specific contents of deception, the defendant's almost all property cannot be said to have been unable to repay the borrowed money to the victims because he had a big economic impact, such as the defendant's sale beyond auction, etc. The defendant has paid 30 million won to the victims as interest, and even before the decision of the court below, it seems that the victim suffered damage by repaying 20 million won as interest, and it appears that the defendant has been subject to punishment by a minor fine, and that there is no other criminal record except for punishment once by a minor fine.

However, the crime of this case was committed in light of the victim's damage and mental suffering that the defendant acquired through deception of KRW 245 million in total over three years after using the personal trust relationship with the victims, and the victim's damage and mental suffering has not yet been fully recovered, and all of the sentencing conditions such as the motive and background of the crime, the method and result of the crime, the circumstances after the crime, the defendant's environment, family relationship, and criminal record relation, and the scope of recommendations according to the sentencing guidelines of the Supreme Court [the types of fraud crimes, general fraud, type 2 (the amount of KRW 100 million and less than KRW 500 million), basic area, imprisonment for eight months (the sum of the amount of profit as a single crime as a single concurrent crime, which is the most severe as a result of the sum of the amount of profit, the lower limit of the sentence scope shall be mitigated by one-third.

- In full view of 4 years), the lower court’s sentence cannot be deemed to be too unreasonable.

3. As such, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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