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(영문) 창원지방법원 2016.03.24 2016노57
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (10 months of imprisonment) is too unreasonable.

2. The judgment is based on the following reasons: (a) the Defendant led to a confession and reflective act; (b) the primary offender was the primary offender; (c) the fact that the Defendant partially repaid the amount of damage is favorable sentencing; and (d) the fact that the Defendant did not agree with the victims; and (c) the total amount of defraudation was not stated as KRW 93 million.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.

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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