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(영문) 전주지방법원 2015.12.28 2015노1420
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (five years of imprisonment) is too unreasonable.

2. The facts that the Defendant led to the confession of the instant crime and reflects the mistake are considered favorable to the Defendant.

However, the crime of this case is committed by the defendant to find the Republic of Korea Electric Power Corporation as a special bond.

The crime of this case is committed again during the period of repeated crime due to fraud, while considering all of the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, family environment, etc., it is not recognized that the sentence imposed by the court below is too unfair, considering the following factors: (a) the victim is deceiving the victims for a total of KRW 450 million for two years, including expenses necessary for the provision of shares in order to repay money or borrow money; (b) the crime is very poor and heavy in light of the method of crime, content, and the amount of fraud; and (c) the defendant does not take any specific measures to recover damage; (d) the defendant has been subject to criminal punishment several times including punishment for fraud; and (e) the defendant commits the crime of this case during the period of repeated crime due to fraud; and (e)

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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