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(영문) 창원지방법원 2013.07.25 2013노803
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment with prison labor for the crimes listed in Nos. 1 to 26 of the annexed list of crimes in the original judgment) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant was found to have committed each of the instant crimes, and the Defendant’s conviction against his mistake is recognized.

However, the defendant has been punished by suspended execution and fine several times for the same crime, and the amount acquired by the defendant by the crime of this case exceeds KRW 200 million, and the defendant does not peep the situation that he faithfully endeavored to pay for the damage up to the judgment of the court, and considering all the sentencing conditions specified in the arguments of this case, including the defendant's age, character and behavior, intelligence and environment, motive, background, means, method and consequence of the crime, criminal records, criminal records and circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is groundless. It is so decided as per Disposition.

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