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(영문) 의정부지방법원 2016.11.24 2016노2434
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

Judgment

It is recognized that the defendant has no record of punishment for fraud.

However, the nature of the crime is very heavy in light of the fact that the method of deception in this case is close and planned, and the total amount of damage reaches KRW 17,1440,000,000.

Until the trial, the Defendant was unable to reach an agreement with the victim, and the Defendant did not fully endeavor to recover from damage.

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, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, 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.

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