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(영문) 수원지방법원 2015.07.21 2015노291
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant (unfair form of punishment) and the fact that the Defendant made efforts to recover from damage, etc., the sentence of the lower court that sentenced a fine of one million won is too unreasonable.

2. On August 16, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Sungwon District Court Sungnam Branch Branch, which was sentenced to eight months of punishment for fraud, etc. on August 16, 2013, and committed the instant fraud at the same time during the period of repeated crime not exceeding twenty (20) days after the execution of the said punishment was completed, in which the said punishment was completed, and the Defendant was sentenced to one (1) years of imprisonment for fraud in the Daejeon District Court Seosan Branch on August 26, 2011, and was sentenced to one (1) years of punishment for the same criminal act, and was able to recover damage until the trial. Considering the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, including the Defendant’s character and behavior, as shown in the records and arguments of this case, the above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal for conclusion. It is so decided as per Disposition

However, the part of the judgment below's "crime C" in the third place is clearly erroneous entry of "A, operated by "A, an underground floor victim G," and thus, it is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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