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(영문) 의정부지방법원 2020.03.19 2019노3625
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The instant fraud crime leads to the amount of damage to KRW 30 million.

The Defendant committed the crime by abusing the victim’s trust with which he promised to marry.

The defendant has been punished twice by imprisonment with prison labor and seven times by a fine even before he/she has been punished by imprisonment.

The victim expressed that he would be punished for the defendant in the investigative agency, the court below, and the court below.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant is showing the attitude of confessioning and opposing the crime of this case against the defendant in the first instance.

These circumstances are favorable to the defendant.

The defendant and the defense counsel asserted that "the defendant paid 20 million won on behalf of the victim when leasing the office of H where the representative director is the representative director, and the victim has filed a lawsuit claiming the return of the above money on behalf of the above company on behalf of the lessor, the victim is ultimately entitled to receive the above money, and these circumstances must be considered as the reasons for sentencing favorable to the defendant."

However, the Defendant did not submit any materials to support “the above company won the above lawsuit,” and instead, submitted a written application to the lower court and the lower court stating that “the victim was unable to refund the above lease deposit due to the loss of the above company in the lawsuit.”

Therefore, the above assertion by the defendant and the defense counsel is not acceptable since it is not recognized as a premise.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below is appropriate.

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