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(영문) 의정부지방법원 2020.09.17 2020노1693
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is determined by the amount of fraud KRW 70 million.

When the victim demanded the return of the above money as the defendant's assertion that it is difficult to proceed with the project after receiving the above money, the victim did not do so even if he had to return it within a reasonable period of time.

Based on these circumstances, the victim did not intend to recover from damage to the defendant, and wanted to punish the victim.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case when it comes to the trial.

The crime of this case is deemed to have been committed intentionally with negligence.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below is deemed appropriate.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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