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(영문) 의정부지방법원 2017.02.14 2016노3691
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects the crime of this case, that the defendant has no criminal record of the same kind of crime or suspended execution, and that there is a family member to support the defendant.

B. However, in full view of the following circumstances: (a) the Defendant, by deceiving the victim, by deceiving the victim, acquired the victim a total of KRW 50 million; (b) the nature of the crime is not good; (c) the victim was not agreed with; and (d) the victim was not fully repaid; (c) there was no special change in circumstances after the decision of the lower court was made; and (d) other circumstances that form the conditions for sentencing as stated in the instant pleadings, such as the Defendant’s age, circumstances leading to the crime, and circumstances after the crime, even if considering the above circumstances favorable

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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