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(영문) 수원지방법원 2015.11.13 2015노4407
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The fact that the defendant recognized all of the crimes and reflected in the judgment, and prior to the instant case, there are no other criminal records except that the defendant was sentenced once a fine, etc., in favor of the sentencing.

However, the crime of this case is not likely to be committed by deceiving the victims by using an unspecified number of personal information held by the defendant, and by actively deceiving them.

In addition, when considering the fact that the amount of damage reaches approximately KRW 450 million in total, the damage recovery or failure to agree with the victims, the court below's punishment was imposed within the scope of the recommended sentence guidelines, and other various circumstances, such as the defendant's age, environment, background, means and consequence of the crime, etc., which are the conditions of sentencing, such as the defendant's age, environment, circumstances of the crime, means and result, it cannot be said that the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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