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(영문) 전주지방법원 2013.12.13 2013노1126
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized in depth with the recognition of all of the crimes of this case, and there is no record of punishment for the same kind of crime or of a fine heavier than that of a fine, and it is recognized that the family members of the defendant want to prevent recidivism, and that the defendant's wife is flying out.

However, the crime of this case is committed by the defendant after the defendant received a total of KRW 70 million from the victim on two occasions in terms of job placement assistance, and it is not good to commit such crime and criminal administration, and the defendant did not take any measures to recover from damage up to the trial. In full view of various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character and behavior, environment, circumstances leading the defendant to the crime of this case, means and consequence, situation before and after the crime, etc., the court below's punishment is too unreasonable and it is not recognized that the defendant's allegation of unfair sentencing is unreasonable.

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

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