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(영문) 수원지방법원 2015.11.05 2015노4670
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The judgment of this case is the case where the defendant defrauds 13.1 million won from 5 persons, including the victim F, and is also a speculative business, in light of the size and structure of the speculative business place of this case, and the number of games, etc., the defendant seems to be engaged in the speculative business by considerably intelligent professional means; the amount of the fraud of this case reaches a considerable amount; the victims are deemed to have suffered considerable damage due to the crime of this case; the above damage is deemed not to have been properly recovered from the crime of this case after the crime of this case to the trial; and all kinds of sentencing conditions as shown in the argument of this case, such as the defendant's age, character, character, environment, family relationship, motive and circumstance after the crime of this case, etc., are considered to be unfair. Thus, the above argument of the defendant is without merit.

3. In conclusion, 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.

[However, Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. in the application of the law of the court below is clear that the term "Article 30(1)1 of the former Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (amended by Act No. 10149, Mar. 22, 2010)" is a clerical error in Article 30(1)1 and Article 2(1)2 of the former Act, and thus, it shall be corrected in accordance with Article 25

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