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(영문) 의정부지방법원 2017.11.23 2017노2570
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant, even before the lower court, agreed with 20 of the victims of fraud, or recovered from the damage of the victims.

The theft of special larceny has been restored to the victim and the damage has been restored.

On the other hand, the defendant has repeatedly committed transactions with many unspecified and unspecified victims (28 victims) over a considerable period of time, and is bad to commit such crimes.

The defendant was punished by a fine in 2016 as a crime of fraud under the same law, and there was three times the juvenile protective disposition due to the theft crime.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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