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(영문) 전주지방법원 2016.08.25 2016노273
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. It is recognized that the Defendant recognized the crime and divided the mistake, restored the entire damage, agreed with the victim, and considered the equity in the case of a judgment at the same time with the final judgment on April 26, 2014.

However, the crime of this case was committed by actively deceiving the victim as if the defendant directly operates the F of the company with limited liability, and the crime was not less than 30 million won in light of the method of crime and the amount of fraud. The defendant committed the crime of this case even though there was a history of criminal punishment several times. The court below sentenced the punishment by reducing the fine amount (10 million won) of the summary order in consideration of various favorable circumstances such as the defendant's economic situation, etc., and taking into account all other favorable circumstances such as the defendant's age, sexual behavior, environment, the circumstances leading to the crime of this case, means and consequence, and the circumstances after the crime, etc., it is not recognized that the court below's punishment is unfair because it is too unreasonable.

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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