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(영문) 수원지방법원 2014.08.21 2014노2444
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (six months of imprisonment) is too unreasonable.

However, there are favorable circumstances for the defendant, such as the fact that the victim E received a total of 28,400,000 won from the defendant for the purpose of interest, etc., and the fact that the defendant recognized the mistake and reflected.

However, since the victim's total amount of damage caused by each of the crimes of this case reaches about KRW 49.1 million and the damage has not been recovered in a considerable portion, it is necessary to punish the defendant strictly.

Considering the equity in the case where each of the instant crimes and the crime of fraud for which judgment was rendered on May 2, 2009 becomes final and conclusive at the same time, and other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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