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(영문) 수원지방법원 2015.12.11 2015노3886
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is true that there is conditions favorable to the defendant, such as the fact that the defendant recognized the crime of this case and is against the defendant.

However, in full view of the following circumstances: (a) the Defendant, by deceiving the victim, acquired property or proprietary benefits equivalent to KRW 55 million in total; (b) the Defendant was punished for the same kind of crime as stated in the first head of the crime in the lower judgment; and (c) committed the instant crime within the repeated crime period; and (d) other circumstances that form the conditions for sentencing as indicated in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant and his defense counsel's above assertion of unfair sentencing is without merit.

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

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