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(영문) 의정부지방법원 2015.08.19 2015노801
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 (two million won of fine) is too unreasonable.

2. In full view of all the sentencing conditions, including the motive for the crime of this case including the fact that the defendant was sentenced to a suspended sentence for another crime, the method and consequence of the crime, and the following circumstances, the sentence of the court below cannot be deemed to be too unreasonable, in light of the following: (a) the circumstances favorable to the defendant; (b) the amount of damage was not recovered until four years have passed since the crime was committed, even though the amount was not at least five million won; (c) the amount actually disbursed as the expenses of the actual hospital out of the loan of this case, unlike the contents of the defendant's deception, appears to be excessive to KRW 1.50,00 won; and (d) the defendant again committed the crime of this case

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

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