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(영문) 창원지방법원 2013.12.19 2013노1426
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment) is too large and unreasonable.

2. Determination 2: The fact that the defendant recognized the crime of this case and reflects his mistake, and that the defendant has no record of punishment for the same kind of crime except that he was punished by a fine due to obstruction of auction, etc.

However, the defendant's profits acquired by the crime of this case exceed KRW 400 million, and the defendant made a sincere effort to pay damages to the court of the trial. However, the victim does not peep the defendant's severe punishment, and considering all the sentencing conditions stated in the arguments of this case, including the defendant's age, character, character, intelligence and environment, motive, background, means, method and result of the crime, criminal record relation, and circumstances before and after the crime, it is not recognized that the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is groundless. It is so decided as per Disposition.

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