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(영문) 수원지방법원 2015.09.23 2015노3964
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (four months of imprisonment) is too unreasonable.

2. In full view of the facts that the defendant led to the confession and reflect of each of the crimes in this case, there is no record of punishment for the same kind of crime in the past, and that part of the amount is deemed to have been paid to the victim as interest, even if considering the fact that the total amount of the defrauded was not much smaller than 195 million won, not only does it reach an agreement with the victim up to the trial, but also does not actually recover from actual damage up to the present time even after considerable time has passed since the crime was committed, such as delaying the judgment of the court below, and all other circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable. 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 since it is without merit. It is so decided as per Disposition.

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