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(영문) 수원지방법원 2020.10.22 2020노3564
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake when the Defendant was in the trial, and that part of the amount of damage was paid as investment return to the victim, that the Defendant’s family members and branch members want the Defendant’s wife, and that the Defendant’s health is not good.

However, the crime of this case was committed by acquiring money exceeding KRW 500 million by deceiving the victim from the victim for more than two years by pretending that the defendant supplied goods to large retailer, etc. and obtained physical distribution profits, and acquired money from the victim under the name of investment. In light of the method and content of the crime, the nature of the crime is very poor and is very heavy in terms of the crime, and the damage of approximately KRW 200 million was not recovered. The defendant did not have been used from the victim. While the defendant was committed several times by other fraud, some of the crime of this case was committed while he was sentenced to imprisonment on January 30, 2012. While he was sentenced on two years and six months by imprisonment on January 30, 2012, the court below's sentencing of the crime of this case is unfair, considering the following factors: the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, the motive and consequence of the crime, and the circumstances after the crime, the sentencing of the defendant is too similar to the sentencing of this case.

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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