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(영문) 의정부지방법원 2016.09.20 2016노1981
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime was a large amount of KRW 100 million; (b) the victims did not agree with the victims; (c) the damage was not recovered; (d) the victim was an unspecified number of victims; and (e) the nature of the crime is very poor; (b) the Defendant was punished for fraud two times; and (c) other circumstances, which are conditions for sentencing specified in the instant argument, including the Defendant’s age, background of the crime, and circumstances after the crime, are considered in favor of the Defendant, the lower court’s punishment is too unreasonable, even if the circumstances favorable to the Defendant

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that “M” in the fourth page of the lower judgment is a clerical error of “L”, and as such, it is clearly stated that it is ex officio correction in accordance with Article 25(1)

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