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(영문) 의정부지방법원 2014.08.20 2014노703
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is recognized as the following facts: (a) the Defendant made a confession of all of the crimes of this case and divided his mistake; (b) the Defendant paid KRW 10 million upon receiving goods from the victim D; and (c) the injured part and degree of the injury of the victim G (around 14 days of treatment, damage to the character of other items, and strawing, etc.) are relatively insignificant.

However, in full view of the following circumstances: (a) the Defendant was punished by a fine of three times for the same crime (Fraud), four times for the same crime; (b) the Defendant was punished by a suspended sentence; (c) the defrauded amount of this case exceeds 90 million won in total; (d) the Defendant did not agree with the victims up to the trial; and (e) did not recover from damage; and (e) the Defendant’s age, character, conduct, intelligence and environment; (e) the motive, background, means and consequence of the instant crime; and (e) the circumstances after the instant crime; and (e) the family relationship, etc., the Defendant’s sentence imposed by the lower court is deemed to be unfair because it is too appropriate and too unreasonable. Therefore, the Defendant’s above assertion is without merit.

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

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