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(영문) 의정부지방법원 2016.09.01 2016노918
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. Determination is recognized that the defendant has no criminal record of the same kind.

However, the defendant committed the crime of this case under the plan to collect business funds by disposing of it in a large way after receiving an installment from the victim, and then he purchased the middle vehicle from the victim, and the crime of this case and the crime of this case are not good.

The amount of money acquired by the defendant is not so agreed with the victim even if the amount of money is equal to that of the victim, and the motor vehicle provided as security for the victim has already been disposed of in accordance with the above plan and there is no possibility that the damage will be repaid.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, the defendant's 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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