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(영문) 의정부지방법원 2016.11.29 2016노2749
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, in full view of the following circumstances: (a) the amount of damage incurred by the instant crime is at least KRW 76.7 million; (b) the victim did not agree with the victim; (c) the Defendant did not recover from damage; (d) the Defendant was punished for fraud three times; (c) the Defendant committed the instant crime during the suspended execution period for the same kind of crime; and (d) other circumstances that form the conditions for sentencing specified in the instant argument, including the Defendant’s age, details of the crime, and circumstances after the crime, even if considering the favorable circumstances of the Defendant, the lower court’s sentence 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 since it is without merit. It is so decided as per Disposition.

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