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(영문) 의정부지방법원 2016.11.15 2016노2703
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to four months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the instant crime and reflected, and paid part of the installment on behalf of the victim.

B. However, in full view of the following circumstances: (a) the value of the vehicle acquired by the Defendant is a considerable amount of money up to 14 million won; (b) the Defendant has the record of being punished for fraud; (c) the Defendant committed the instant crime during the suspension period of execution for the same kind of crime; (d) the Defendant did not agree with the victim; and (e) did not recover from damage; and (e) the Defendant’s age, details of the crime, and circumstances after the crime, etc., which are conditions for sentencing specified in the instant pleadings, even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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