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(영문) 의정부지방법원 2016.10.20 2016노1667
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two months of imprisonment, four years and six months of imprisonment) is too unreasonable.

2. It is recognized that there is a need to consider equity in the case where the defendant agreed with some victims (victims AE, Z, Z, AD, D, J, M), partly repaid or deposited damage to some victims, the defendant's health status is not good, the defendant has a family to support some criminal facts of this case, and the defendant needs to consider equity in relation to some criminal facts of this case as stated in the latter part of Article 37 of the Criminal Act at the same time as stated in the criminal records of this case in the judgment of the court below.

However, the defendant has committed fraud for a long time to many victims, and most victims seem to have suffered significant damage.

Although the defrauded amount of the defendant was a large amount of KRW 600 million, the defendant did not recover a considerable portion of the damage.

The crime committed by deceiving a large number of victims of fraud, even if the former concurrent crimes of the latter part of Article 37 of the Criminal Act with regard to certain criminal facts of the crime of this case, about KRW 160 million per year, is a crime, and the method of the crime or the scale of damage is reasonable.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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