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(영문) 의정부지방법원 2016.09.22 2016노1593
배임등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the Defendant is the primary offender, and that the Defendant paid KRW 15 million to the victim H.

However, the defendant committed the crime of fraud repeatedly against the victims who were in a trust relationship, and the amount of damage exceeds the total of 20 million won.

Nevertheless, the defendant did not agree with the victims to attend the trial, and in light of the economic situation of the defendant, there seems to be little possibility that the damage will be recovered.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Provided, That the judgment of the court below is clear that “70 million won” of the second 9 parallels and 12 parallels of the judgment below is a clerical error of “80 million won”, and thus, it is correct ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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