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(영문) 창원지방법원 2015.01.14 2014노2539
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant by deceiving the victim, who was aware of his employment, to be employed by him, and received KRW 2 million from the victim. The Defendant recognized the crime of this case and against the mistake, and returned KRW 1 million to the victim after the crime was committed, etc. are favorable to the Defendant.

However, even though the defendant had already been punished several times for the same crime (10 times of fine), the defendant committed the case in this case, the court below seems to have determined the punishment by fully taking into account the favorable circumstances for the defendant, and there is no change of circumstances that could change from the judgment of the court below in this court, the sentencing guidelines applied by the Sentencing Committee of the Supreme Court [the scope of recommendations for fraud: between June and June] and the defendant's age, character and behavior, environment, circumstances of the crime, means and results, and other various circumstances that are the conditions of sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.

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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