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(영문) 의정부지방법원 2018.07.10 2018노1134
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant recognized the instant crime and is against the law.

This is the circumstances favorable to the defendant.

However, even if the amount of fraud caused by each of the crimes in this case has not been properly restored to the name of KRW 100 million.

If there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.

This is disadvantageous to the defendant.

In light of these circumstances and the general sentencing guidelines established by the Supreme Court’s sentencing committee (type 2 (type 100 million won to less than 500 million won) that fall under the basic area, 8 months to 4 years of imprisonment (no person subject to special sentencing has any person subject to special sentencing, and as a result of the combination of the same types of concurrent crimes increases in the first step, 1/3 of the lower limit (one year) shall be mitigated). In addition, in full view of other various circumstances, including the Defendant’s age, environment, sex behavior, motive for the crime, circumstances before and after the crime, etc., the lower court’s sentence cannot be deemed unfair because it is too unreasonable.

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

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