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(영문) 수원지방법원 2016.04.01 2016노179
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the sentence imposed by Defendant A: 10 months of imprisonment; 6 months of suspended sentence; 2 years of suspended sentence; 120 hours of community service) is too unreasonable.

2. The fact that the Defendants recognized the instant crime and reflected against the Defendants, Defendant B was the first offender, and Defendant A had no record of criminal punishment other than the fine of light in 1986, etc. are favorable to sentencing.

However, the crime of this case was committed by the Defendants through deception of KRW 93,263,00 for more than 30 years, and the nature of the crime was very poor; the Defendants repaid the victim the principal amount of KRW 15 million; the amount of KRW 30,000 to the victim was paid as interest; in addition to the payment of KRW 30,000 to the victim, the Defendants paid additional KRW 1,000,000 on July 7, 2015 and KRW 5,000 on December 17, 2015 during the judgment of the court below, but still failed to recover; the victims want to punish the Defendants; and there are no special circumstances to change the sentence of the court below at the time of the trial; and it cannot be said that the court below’s punishment was unfair if there were many circumstances, such as the Defendants’ age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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