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(영문) 수원지방법원 2014.10.02 2014노2370
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

2. The judgment of the court below is reasonable in light of the following circumstances: (a) the defendant led to the confession of the crime of this case and reflects the crime of this case; (b) the defendant did not have any criminal record other than the punishment of a fine once for the crime of this case; and (c) the defendant agreed with the victim; (d) however, the profit and the amount acquired by the defendant through the crime of this case amounts to a total of KRW 120 million and is not sufficient to commit the crime of this case; and (e) the defendant did not pay the full amount of damages to the victim; and (e) considering the fact that the defendant agreed with the victim but did not pay the full amount of damages to the victim, etc., and thus

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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