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(영문) 의정부지방법원 2016.07.14 2016노1186
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant partially repaid the amount of damage.

However, it is not good that the defendant committed fraud against the victim who was in a trust relationship with the victim, and the quality of such crime is not good.

After the defendant took up 50 million won, a substantial part of the damage has not been recovered for 4 years, and there was no agreement with the victim to take part in the trial.

Defendant has a criminal record of the same fine and criminal records of the suspension of execution of imprisonment, and has a criminal record of multiple times.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's 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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