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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.12.11 2015노2783
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to a punishment imposed by the court below is undue due to excessive negligence;

(1) In light of the facts stated in the petition of appeal filed on October 19, 2015, the Defendant stated “legal scenarios, mistake of facts, and unreasonable sentencing” as the grounds for appeal filed in the instant case, but the lower court recognized the crime in the instant case, and the Defendant’s statement of grounds of appeal filed on November 12, 2015 is merely an attempt to accept the lower court’s sentencing and make efforts to recover from damage in the future, and the Defendant stated the grounds for appeal as “abrupt and misunderstanding of facts” during the first trial on the date of the first trial of the lower court. As such, the Defendant stated “legal scenario and misunderstanding of facts” recorded in the above petition of appeal as the defense counsel of the lower court.

However, in light of the content and method of the crime, the degree of damage (e.g., 54,400,000 won), etc., the crime of fraud in this case committed by the Defendant is not less than the crime quality, and it seems that the victim did not reach an agreement or complete recovery of damage up to the present time, and that it would be difficult to recover damage in the future, and the victim who was liable for the financial debt of several million won in this case filed an application for personal rehabilitation, the victim had the power of being subject to suspension of indictment due to suspicion of violating the Electronic Financial Transactions Act in around 2014, and the court below seems to have sentenced ten months of imprisonment within the scope of the recommended sentencing guidelines set by the sentencing guidelines, taking full account of the various circumstances of the Defendant, and there is no special change in circumstances to reduce the sentence of the court below, balance with the general sentencing in the same or similar case, and others.

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