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(영문) 의정부지방법원 2016.03.15 2015노2951
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 the confession and reflect of the instant crime, and that the crime of fraud, which became final and conclusive in the judgment of the court below, and the crime of this case, are in the relation of concurrent crimes of a group after Article 37

B. However, in full view of the following circumstances: (a) inasmuch as the Defendant repeatedly committed each of the instant frauds under the same law, the nature of the crime is not good; (b) the total amount of damage exceeds KRW 100 million; and (c) the Defendant has almost not recovered from damage; (d) the Defendant had been punished several times before and after the sentence of the lower judgment; (b) there is no special change in circumstances after the sentence of the lower judgment; and (c) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable even

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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