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(영문) 수원지방법원 2017.08.11 2017노3477
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment that the defendant repents and reflects his mistake, that there is no record of punishment exceeding the fine due to the same kind of crime, and that the victim deposited 4 million won with the victim is favorable to the defendant.

On the other hand, the defendant actively induces financial institutions by acting as a false tenant, and the degree of participation in the crime is somewhat weak.

It can not be seen that there is a history that the defendant has been punished several times for the same crime, that the amount actually acquired by the defendant is about 22 million won in the amount of fraud, and that there is no recovery of damage other than the deposited money is disadvantageous to the defendant.

In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above 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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