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(영문) 수원지방법원 2015.06.26 2014노5903
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the defendant is the confession of all of the crimes of this case and his depth is divided, and the defendant has completed the repayment of damage to the victim by an investigative agency and agreed to do so is favorable to the defendant.

However, in light of the following circumstances: (a) the Defendant acquired money from the victim for a period of about one year; (b) the sum of the fraud amount is considerable; (c) the Defendant paid damages to the victim after about four years elapsed from the date of the crime of this case; (d) the Defendant had already been sentenced to a suspended sentence due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act; and (e) the motive and background of the crime of this case; (e) the circumstances after the crime of this case; (e) the Defendant’s age, character and conduct, and environment; and (e) various circumstances that are the conditions for sentencing specified in the records

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

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