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(영문) 수원지방법원 2015.12.08 2015노2559
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) is against the defendant's wrong, the court below's sentence of one-year suspended sentence is too unreasonable, in light of the following: (a) there is no record of having been sentenced to imprisonment in 2006 other than imprisonment; (b) damage recovery was made; (c) the victim E expressed his/her intent not to have been punished; and (d) there is a risk that if the defendant is punished by a suspended sentence or higher, it would seriously interfere with real estate development projects that

2. The amount obtained by the defendant from the victim reaches KRW 200 million. On September 28, 2006, the Gwangju High Court sentenced the defendant to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and sentenced to criminal punishment for two years and six months, and sentenced to imprisonment for two months, etc. In addition, considering the motive and background of each of the crimes of this case, circumstances before and after the crime, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character, character and behavior, and environment, even if considering the circumstances alleged in the grounds for appeal and the victim's wishing to have the defendant's wife, the above assertion is too unreasonable, and therefore

3. 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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