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(영문) 의정부지방법원 2015.04.08 2014노3017
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment is favorable to the defendant, such as the fact that the defendant recognized all of the crimes, and the defendant's health is not good, and the detention of the defendant brings about difficulties to his/her dependents.

However, in light of the specific deceptions by the Defendant in each of the crimes of this case, in full view of the motive and consequence of the crimes of this case including the fact that the nature of the crime is not good in light of the details of the Defendant’s deceptions, the victims’ damages did not completely recover even if they exceeded 20 million won in total, and the Defendant committed again the crimes of this case even though he had been punished for the same kind of fraud two times, the motive and consequence of the crimes of this case, including the circumstances after the crime, and the scope of recommended sentences in the sentencing guidelines (Fraud group, general fraud, type 1, basic area, 6th imprisonment - January 6), the lower court’s punishment is too unreasonable.

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

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, two pages 5 of the judgment of the court below shall be corrected to the effect that "by this, the defendant, by deceiving the victim, obtained the property equivalent to KRW 1,010,000."

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