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(영문) 수원지방법원 2017.08.10 2017노3706
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal by the defense counsel (unfair sentencing) recognizes the error of the defendant; (b) efforts to recover damage; and (c) there is no record of punishment for the same kind of crime, the lower court’s sentence that sentenced eight months to imprisonment is too unreasonable.

2. The crime of this case is that if the defendant invests money in a loan business for the use of a set-off room in the Republic of Korea with the victim in the Philippines, the defendant will return a certain amount of profit every month to the victim, and if the victim so requests, he will immediately return the investment.

In full view of the circumstances alleged in the grounds of appeal that the court below had already reflected in the sentencing and there is no special change of circumstances that may be taken into account in the first instance court, and other conditions of all the sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable since it is not determined to be too unreasonable since its punishment is too too too unreasonable.

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

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