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(영문) 의정부지방법원 2016.09.01 2016노607
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service hours for not less than 80 hours) of the lower court is too unreasonable;

2. Determination

A. It is recognized that the Defendant led to confession and reflect on the instant crime, agreed with the victim G, H, and deposited KRW 1.5 million each for the victim E and the J.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime is at least KRW 46,300,000; (b) the victim E and the J did not agree; (c) the Defendant did not recover from damage; (d) the Defendant was punished for fraud; (c) there was no change in circumstances following the pronouncement of the lower judgment; and (d) other circumstances that form the conditions for sentencing specified in the instant pleadings, including the Defendant’s age, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime, even if considering the above circumstances favorable to the Defendant, the lower court’

Therefore, the defendant's above assertion is without merit.

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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