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(영문) 수원지방법원 2016.02.17 2015노6646
사기
Text

All appeals by the Defendants are 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 Defendants reflect their mistakes, and Defendant A has no record of being punished for the same kind of crime, and Defendant B has no record of criminal punishment heavier than the suspension of qualification.

In addition, Defendant B deposited KRW 100,000 for the victim E and G, and KRW 700,000 for the victim H, respectively, for the victim E and G.

However, the crime of this case was committed by the Defendants by taking advantage of the trust relationship with the victims, and it is not good to commit the crime, and it is not proper to commit the crime, and even after a long time has passed since the crime of this case, most of the victims' damages have not yet been recovered.

In addition, there is no evidence to prove that the victims suffered considerable pain due to the crime of this case, and that the defendants made a serious effort to receive a letter of suspicion from the victims or recover the victims' damage.

In addition, in full view of the various circumstances, including the Defendants’ age, sex, environment, details and contents of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the above assertion by the Defendants is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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