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(영문) 수원지방법원 2019.09.20 2019노4041
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to six months of imprisonment in consideration of the circumstances unfavorable to the Defendant, favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee.

There is no circumstance that the lower court’s sentencing is deemed to have exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the lower court’s sentencing, in full view of the following: (a) the Defendant did not know even during the period of repeated offense due to fraud, and committed the instant fraud again; (b) the Defendant paid a part of the victim the amount of partial damage to the victim; and (c) the Defendant did not have to agree with the victim; and (d) there was no further agreement with the victim; (b) the amount of the Defendant did not reach an agreement with the victim; and (c) sentencing guidelines.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that it is unfair because it is too unreasonable, considering the circumstances after the crime of this case.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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