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(영문) 수원지방법원 2013.04.11 2013노908
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the defendant (two months of imprisonment and six months of imprisonment) is too unreasonable.

Judgment

Although considering the fact that the defendant's mistake is divided, the defendant did not know about the crime against the victim E during the grace period even though the suspended sentence was finalized on April 23, 2010 due to larceny, etc. on the other hand, the defendant committed the crime against the victim E without being aware of it during the suspended sentence period, the amount of defraudation against the victim E was paid KRW 15 million, and the amount of defraudation against the victim H was paid KRW 25 million in each name, and the victim E did not agree with the victims or recover significant damage, the victim E does not want to be punished by the defendant, and in full view of all the sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be excessive.

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

[However, it is obvious that the crime of larceny, etc. in Section 1 of the judgment of the court below is a clerical error in the crime of larceny, etc. and alteration of official document, etc. in Section 2 of Section 4, and Article 25, Paragraph 1 of the Rules on Criminal Procedure, since the crime of larceny, etc. in Section 4, Paragraph 1 is a clerical error in the crime of Section 2.

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