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(영문) 의정부지방법원 2018.05.08 2018노291
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant recognized and reflected the instant crime.

The defendant has no criminal record of the same kind.

This is the circumstances favorable to the defendant.

However, even though the amount of damage caused by the instant crime exceeds KRW 200,000,000, the damage was not recovered properly, except for the amount agreed with six victims (total amount of damage KRW 7820,000).

This is disadvantageous to the defendant.

The sentencing guidelines established by the Supreme Court's sentencing committee is one year and eight months to six years (one year and eight years) since it falls under the aggravated area among the types of two types (at least KRW 100 million, but less than KRW 500 million).

In full view of various circumstances, such as the Defendant’s age, environment, sex, motive for the crime, and circumstances before and after the crime, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, in light of the following circumstances: (a) the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime was committed.

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. It is so decided as per Disposition.

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