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(영문) 의정부지방법원 2016.07.08 2016노1144
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant include the fact that the defendant recognized all of the crimes of this case and showed an attitude against the defendant, there is no record of punishment for the same kind of crime, and there is no record of punishment exceeding the fine.

However, in light of the circumstances that are unfavorable to the defendant's age, sex, environment, background and method of the crime, circumstances after the crime, criminal records, etc., and all the sentencing conditions indicated in the records and changes theory of this case, such as the fact that the amount of defraudation is not a total of KRW 63 million, the damage was not yet agreed with the victim, and the damage was not recovered, taking into account the various circumstances of the defendant, and the court below appears to have set the punishment within the scope of the recommended punishment set by the sentencing guidelines, considering the fact that there is no special change in circumstances that could reduce the punishment of the court below, etc., and other unfavorable circumstances, such as the defendant's age, sex, environment

Therefore, the defendant's assertion is without merit.

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

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