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(영문) 의정부지방법원 2019.06.27 2018노3580
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination

A. The lower court determined a punishment by mainly taking into account the fact that the Defendant denied the crime, was punished for the same kind of crime, the amount of defraudation is 300 million won, and the damage was not recovered.

B. In the trial of the political party, the following are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of a crime different from the original judgment; (b) the deposit claim equivalent to KRW 13,885,229, seized, is to be paid to the victim; and (c) there are circumstances in which the Defendant actually tried to conduct ham business with the

However, considering the fact that, even if the amount of fraud is high as KRW 30 million and the amount equivalent to KRW 13 million of the defendant's deposit claim attached by the victim is paid to the victim, the amount equivalent to KRW 286 million has not yet been repaid, and the victim wants to punish the defendant's severe punishment, it is deemed that the court below's punishment is too excessive and exceeded the reasonable scope of discretion by comprehensively considering the factors revealed in the arguments of this case, such as the defendant's age, character and conduct, environment, details and circumstances of the crime, and circumstances after the crime, etc. revealed in the records of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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