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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.01.09 2017노7708
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. The fact that the defendant's mistake was recognized and reflected in the judgment of the court below, and the crime of this case is in the relation of concurrent crimes between the crime of force of crime as stated in the judgment of the court below and the crime of this case after Article 37 of the Criminal Act, and therefore, the equity with the case where the judgment is rendered at the same time pursuant to the main sentence of Article 39 (1) of the Criminal Act

However, the crime of this case is not unfair because the punishment imposed by the court below is too unreasonable in light of all the sentencing conditions, such as the defendant's character and behavior, occupation, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., by deceiving the victims as if the defendant had the right to lease the underground parking lot and could make reasonable profits due to the operation of the underground parking lot, or by deceiving the victims as if the defendant could have been repaid. The maximum amount of damages from the crime of this case did not have been recovered from the victims or damage up to 300 million won, and the defendant did not receive a letter from the victims.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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