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(영문) 수원지방법원 2015.07.17 2014노7219
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, and two hundred hours of the community service order) is too unreasonable.

2. Although the circumstances favorable to the defendant are recognized, such as the fact that the defendant recognized the crime of this case, the fact that the defendant agreed with the victim, and the fact that the defendant should consider equity with the case where the judgment was rendered simultaneously with the crime that became final and conclusive as stated in the judgment of the court below, the amount of damage caused by the crime of this case reaches KRW 200 million, and substantial damage recovery has not been made, and the defendant uses the amount of fraud as gambling fund, most of the defendant uses it as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime of this case, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant and his attorney's allegation of unfair sentencing is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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