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(영문) 의정부지방법원 2016.05.24 2016노714
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 (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects on the crime of this case, and that the defendant has no record of the same crime.

B. However, in full view of the following circumstances: (a) the amount of fraud of this case exceeds KRW 46 million; (b) the victim was not agreed with; (c) the damage was not recovered; (d) there was no special change in circumstances after the decision of the court below was made; and (e) other circumstances that are conditions for sentencing specified in the pleadings of this case, such as the Defendant’s age, background of the crime, and circumstances after the crime, etc., even if considering the above circumstances favorable to the Defendant, the sentence of the court below is too unreasonable.

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

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

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