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(영문) 춘천지방법원 강릉지원 2017.08.31 2017노147
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The judgment of the Defendant recognizes and reflects the crime, and there is no record of the crime other than the fine imposed on August 12, 2010 for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

Defendant

Support for mixed-parents, and the amount acquired by the crime of this case was not used for personal purposes but used for repayment of the company loans.

On the other hand, even though the actual amount of damage caused by the instant crime was considerably large ( approximately KRW 39 million), the damage was not recovered, and there was no agreement with the victim.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means, and consequence of the crime, the sentence of the lower court is too unreasonable, and the overall sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, etc.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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