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(영문) 전주지방법원 2016.10.14 2016노444
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., the defendants A: imprisonment of one year and six months; imprisonment of one year and one year and two years of suspended execution) are too unreasonable.

2. The fact that the defendants recognized the crime of this case and reflected the mistake, returned to the victim the amount obtained by defraudation of 30 million won, there is no past record of criminal punishment or a fine heavier than that of the same crime before the defendant B, and the degree of participation in the crime of this case by the defendant B does not seem to be too serious.

On the other hand, the crime of this case was committed by the defendants in collusion with the victim and by deceiving the victim a total of 175 million won through a total of 14 times under the pretext of investment, and it is not good to commit such crime, and the defendant A has already been subject to criminal punishment four times due to the same crime. On November 6, 2014, the Suwon District Court sentenced two years to a suspended sentence of imprisonment with prison labor for six months at the Suwon District Court, which was under the suspended sentence, and did not have been aware of the fact that the crime of this case was committed in the course of the suspended sentence, and most of the victims were not recovered until the trial, and it is difficult to expect the recovery of damage, and the imprisonment with prison labor for the defendant B is the maximum amount of the recommended sentence (one year to four years) according to the sentencing guidelines of the Sentencing Committee of the Supreme Court.

In full view of the above circumstances and other circumstances, including the background of the instant crime, the age, character and conduct, and environment of the Defendants, the lower court’s punishment against the Defendants is too unreasonable, and thus, the Defendants’ assertion is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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