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(영문) 창원지방법원 2016.06.16 2016노810
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant, such as the fact that the defendant makes a confession of facts constituting a crime, and reflects it.

On the other hand, in full view of the fact that the amount of damage caused by the fraud in this case is the largest amount of KRW 44,165,000, the defendant has been punished three times as a crime of fraud, and the defendant did not agree with the victims up to the trial and did not seem to have specific efforts to recover the damage, a sentence of strict punishment against the defendant is inevitable.

In addition, in full view of the facts that the court below determined the punishment against the defendant by taking into account all the circumstances, and there is no special change in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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