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(영문) 수원지방법원 2017.11.16 2017노2661
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant and his/her defense counsel (unfair sentencing) acknowledges and speaks against the defendant, and the defendant was sentenced to three years and six months of imprisonment by means of fraud on August 11, 2016 at the Suwon District Court, which became final and conclusive on November 10, 2016, and the above judgment became final and conclusive on November 10, 2016. In light of the fact that the crime of this case and the above crimes for which judgment became final and conclusive should consider equity with the case of concurrent crimes after Article 37 of the Criminal Act at the same time, it is unfair that the court below’s sentence that sentenced the defendant

2. The facts alleged in the grounds of appeal are as follows: (a) the Defendant sought to borrow money from the victim; (b) the Defendant provided a string vehicle to the victim as a normal security; (c) obtained a total of KRW 26 million from the victim as if the victim was a normal security; and (d) obtained a transfer of money from the victim to the victim and operated a motor vehicle that is not covered by mandatory insurance; (d) there is a number of records of criminal punishment for the same kind of crime; (e) the damage has not been recovered; and (e) there is no special change of circumstances that are likely to be considered in the sentencing; and (e) other factors of all the sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, sexual conduct, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime, etc., the above assertion is without merit, and thus, is not deemed unfair since the court below’s excessive punishment is too inappropriate.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

However, the lower judgment’s criminal facts omitted in the latter part of Article 37 of the Criminal Act, and thus, ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure, the first head of the criminal facts during the reasoning of the lower judgment.

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