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(영문) 의정부지방법원 2014.04.02 2013노2799
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.

2. The judgment is based on the following facts: (a) the defendant led to the confession of the facts of the crime of this case and made a statement that his mistake is divided in depth; (b) the defendant appears not to have sufficient financial situation; (c) the defendant committed the fraud of this case during the period of probation; (d) the crime of this case was committed by the defendant in favor of the defendant; and (e) the crime of this case was committed by deceiving money exceeding KRW 80 million by deceiving the victim who believed the above marriage with the victim several times; (c) the victim seems to have suffered considerable mental and material pain; (d) the victim seems to have been suffering from considerable mental and material pain; (e) the victim appears to have failed to make efforts to reach an agreement with the victim or recover damage; (e) the victim was a severe punishment of the defendant; and (e) the court below appears to have been sentenced one year imprisonment within the scope of the sentencing guidelines recommended by the Sentencing Committee; (e) there is no special change in circumstances that could change the defendant's punishment; and (e) the defendant's age, character and conduct and circumstances of this case;

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

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