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(영문) 창원지방법원 2015.02.11 2014노2980
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The crime of this case is determined based on the following favorable circumstances: (a) the Defendant was aware of the victim’s well-known knowledge of the victim’s loan of the Ministry of Culture, the president of the Association of Entertains, and the president of the Seoul Arts Center; (b) obtained KRW 22 million from the victim and acquired the victim by fraud; and (c) the Defendant recognized the crime of this case and against it; and (d) the Defendant did not have any record of being punished for the same crime or of being punished by the suspension of qualification

However, it is difficult to view that the court below's sentence is excessively unreasonable by taking into account the following circumstances: (a) the amount of damage caused by the instant crime was not specified; (b) the amount of damage was not recovered; (c) the Defendant did not have agreed with the victim; and (d) the victim wanted to have agreed with the victim; and (c) as a result of the application of the sentencing guidelines by the Sentencing Committee, the recommended punishment for the instant crime was between six months and one year six months; (b) the court below sentenced the Defendant to a punishment lower than the lower limit of the recommended punishment by fully taking account of the favorable circumstances as seen earlier; (c) there was no special circumstance or change in circumstances that may be newly considered in sentencing after the court below sentenced the judgment; and (d) the Defendant's age, character and conduct and environment, means and consequence of the instant crime; and (d) the circumstances after

Therefore, 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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