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(영문) 의정부지방법원 2017.02.09 2016노3099
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered by the Defendant (one year and six months of imprisonment) is too vague and unfair (the Defendant explicitly withdrawn the assertion of mistake as to the facts on the first trial date). 2. It is recognized that the Defendant has a family member (a wife and child) who should support the Defendant.

However, the defendant committed the crime of fraud by deceiving the above victim C with low level of social adaptation due to physical and verbal disorder and obtaining a loan from the above victim by deceiving the above victim C, or by misrepresenting the above victim, or by falsely obtaining a loan from other victims, and the nature and circumstances of the crime are very poor.

The defendant committed each of the crimes of this case again during the period of repeated crime for the same crime, and was unable to recover the damage to the victims or to agree with the victims so that he/she would be subject to prosecution.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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