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(영문) 창원지방법원 2018.01.25 2017노2920
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower judgment is too heavy.

2. In full view of all matters concerning sentencing, including: (a) the fact that the defendant was committed in the first instance trial and was committed against himself; and (b) the fact that the defendant was relatively aged 68 years of age; (c) however, even though he obtained a total of approximately KRW 67 million through deceptions, he did not agree with the victim or did not recover damage; and (d) the victim was fluordding a minor punishment in the first instance trial; (b) the same criminal record is seven times (two times of actual punishment, two times of suspended sentence of imprisonment, three times of suspended sentence of imprisonment); and (c) the reason for sentencing; (d) the defendant’s age, family relation, economic situation, the background and motive leading up to the crime; and (e) other records and changes in the sentencing mentioned in the instant case, the judgment of the court below is deemed appropriate; and (e) there is no change in circumstances to consider the defendant’s argument in the trial.

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

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