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(영문) 창원지방법원 2020.08.28 2020노1343
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant committed each of the crimes of this case during the period of imprisonment with prison labor for criminal acts of the same type of law, the defendant was punished by a fine several times for the crime of fraud of the same number of law that was committed during the period of the above probation, the damage caused by each of the crimes of this case has not been recovered, and the defendant repeated the same crime from October 2017 to has been punished for the crime of fraud.

On the other hand, there are favorable circumstances such as the fact that the defendant reflects the mistake, that the damage caused by each of the crimes of this case is not serious, that some of the circumstances may be considered in the course of the crime, and that the defendant is difficult to take the form of a family for the disabled.

All of the sentencing conditions and the scope of recommendations according to the sentencing guidelines shown in these circumstances and the argument of this case

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. In full view of the scope of recommendations according to the sentencing guidelines [the determination of types] and there is no person who is less than KRW 100 million [the person who is a special person] (the scope of recommendations and recommendations] (the scope of recommending areas and recommendations), the basic area of the punishment, six months to one year and six months, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.

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