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(영문) 의정부지방법원 2015.10.28 2015노2155
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 two months of imprisonment) is too unreasonable;

2. The fact that the Defendant, as a principal offender, recognized and reflected the crime, the amount of KRW 66 million out of the amount of damage, has already been repaid, the victim's claim for the payment of goods is included in rehabilitation claims in the individual rehabilitation procedure against the Defendant, and the Defendant has made a partial repayment according to the repayment plan and made efforts to continue repayment in the future, and the detention of the Defendant is likely to cause difficulties to his/her dependents.

However, in order to raise funds necessary for the defendant's smooth operation, the crime of this case is not highly suitable in light of the form of deception and the frequency of the crime by deceiving that the defendant obtained a high-priced bank by pretending to purchase more than 23 occasions. The damage amount of the crime of this case reaches 197 million won, and out of which 130 million won has yet to be paid, the motive and background of the crime, the method and consequence of the crime, etc., the method and consequence of the crime, and the scope of recommended punishment [the range of recommended punishment [the crime group, general fraud, type 2 (the amount exceeding 100 million won, and less than 50 million won), basic area, basic area, and the number of concurrent crimes like the same kind of crime in August, 198, the lower court's lowest limit of the scope of punishment shall be mitigated]. In full view of the above, the punishment of this case is too inappropriate.

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

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