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(영문) 수원지방법원 2018.12.19 2018노6413
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Although there are circumstances favorable to the defendant, such as the fact that the defendant found the wrong judgment and the fact that the court below agreed with the victims, the sum of the defraudation amount is a large amount of 100 million won, the defendant has been punished several times for the same kind of crime, and the defendant started the crime in this case since he was released on June 15, 2016 and started the crime in the same kind of crime, and was low, in addition to the circumstances unfavorable to the defendant, there is no change of circumstances that could reduce the sentence of the court below in the trial, and other factors of sentencing as shown in the records and changes theory, such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, means and consequence after the crime, etc., considering the circumstances agreed with the victims, the court below's punishment shall be judged to be appropriate, and it cannot be deemed unfair because it is too unreasonable even if considering the circumstances agreed with the victims.

The defendant's argument of sentencing is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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