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(영문) 창원지방법원 2016.08.17 2016노1417
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is a favorable circumstance that the defendant recognized the crime of this case and against the defendant, there is no record of the crime exceeding the same criminal record or fine, and that the victim paid approximately KRW 116 million in total to the victim as a siren for the machines of this case. The court below deposited KRW 23 million for the victim.

However, the crime of this case is an unfavorable circumstance where the Defendant, who was leased by MM Korea for the purpose of testing whether the machines were normally operated or not, deceiving the victim as if he was his own machines and acquired 418 million won as the proceeds of the sale of the machines. In light of the method of crime and the amount of damage, etc., the crime is not adequate, and the complete recovery of damage has not been made up until now, and there is no agreement with the victim.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the defendant's argument of sentencing is without merit.

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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