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(영문) 청주지방법원 2015.06.25 2015노379
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant led to the instant crime, and is against himself.

The defendant seems to have aggravated management conditions while operating his own business and caused the crime of this case.

The defendant has the wife and consciousness to support him.

However, there are the following disadvantageous circumstances for the defendant.

The Defendant, who was sentenced two times to imprisonment with prison labor for the same kind of crime, was sentenced to a fine of five times in addition to that, again committed the instant crime.

The defendant seems to have avoided the responsibility of the victim by intentionally avoiding the telephone, etc. even if he/she pays 1.5 million won to the victim through criminal conciliation proceedings.

The defendant did not reach an agreement with the victim.

In addition, considering the Defendant’s age, character and conduct, motive and background of the offense, means and consequence, circumstances after the offense, criminal records, and all of the sentencing conditions indicated in the instant arguments and records, the sentence of the lower court is too unreasonable.

Defendant’s assertion is without merit.

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

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