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(영문) 창원지방법원 2016.10.26 2016노1885
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is contrary to the recognition of all of the instant crimes, and the fact that each of the instant crimes is in the relationship between the crime of fraud for which the judgment has become final and the latter part of Article 37 of the Criminal Act, and thus the equity with the case where the judgment was rendered shall be considered.

However, each of the crimes of this case is an unfavorable condition, such as the fact that each of the crimes of this case was committed by deceiving five victims in total, by deceiving them with a total of KRW 122 million, and the nature of the crime is not good, and no particular damage recovery has been made up until now, and there is no agreement with the victims, and the fact that the defendant has been punished for the same kind of crime.

Considering the Defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and various conditions of sentencing indicated in the instant records and pleadings, including the circumstances after the crime, the lower court’s judgment cannot be deemed unreasonable to have exceeded, or maintain, the reasonable bounds of discretion.

Therefore, the defendant's assertion of unfair sentencing 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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