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(영문) 수원지방법원 2017.07.12 2016노9099
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence to six months of imprisonment) is too unreasonable.

2. The fact that the defendant agreed with the victim is recognized.

However, the court below seems to have sentenced the suspension of the execution of imprisonment (other than punishment) in consideration of the favorable circumstances of the defendant.

In addition, even if the amount of damage in this case was not much significant than 30 million won, the defendant had a record of two-time crimes, although he had a record of two-time crimes, the defendant's age, sex and environment, motive, means and consequence of the crime, and other various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, are considered to be too unreasonable since the court below's punishment is too unreasonable. Thus, the defendant's argument 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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